A.Annamalai v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.03.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7544 of 2019 A.Annamalai .. Petitioner Vs.
The Inspector of Police, Jedarpalayam Police Station, Paramatti Velur Taluk, Namakkal District.
.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to grant permission and provide necessary police protection to perform the cultural programme viz., Adal Padal on the eve of Sri Mariamman Temple festival at Ellampalli, Paramatti Velur Taluk, Namakkal District which is held to be on 29.03.2019 based on the representation of the petitioner dated 08.03.2019. For Petitioner : Mr.M.Senthilkumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
Seeking permission to conduct cultural programme in the event of Sri Mariamman Temple Festival at Ellampalli, Paramatti Velur Taluk, Namakkal District on 29.03.2019, the petitioner made a representation dated 08.03.2019 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The learned Additional Public Prosecutor, on instructions, would submit that there is likelihood of arising law and order problem.
4. A mere apprehension cannot be a ground to reject the
representation. There is absolutely no material before this Court to hold that there will be a law and order problem in the event of permission being granted. In such view of the matter, this petition is allowed and the petitioner is permitted to conduct cultural programme in the event of Sri Mariamman Temple Festival at Ellampalli, Paramatti Velur Taluk, Namakkal District on 29.03.2019, however with the following conditions:- (a) The cultural programme in connection with the event of Sri Mariamman Temple Festival at Ellampalli, Paramatti Velur Taluk, Namakkal District on 29.03.2019, between 06.00 p.m. and 10.00 p.m.
(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c) Double meaning songs should not be played so as to spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) If there is violation of any one of the conditions imposed, the concerned police officer is at liberty to take necessary action, as per law and stop such performance forthwith; and (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (i) The respondents is directed to issue necessary permission, incorporating the above conditions. Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar mpa/rm To 1.The Inspector of Police, Jedarpalayam Police Station, Paramatti Velur Taluk, Namakkal District.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Senthilkumar, Advocate, S.R.No. 27544 Crl.O.P.No. 7544 of 2019 RGN(CO) GN(26/03/2019)