C.Koyilkumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7867 of 2019 C.Koyilkumar .. Petitioner Vs.
The Inspector of Police, Chithodu Police Station, Chithodu, Erode District.
.. Respondent Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondent authority to give police protection and permission to conduct the cultural programme [Adal Padal Nigalchi] in the event of Chennanaicknur Arulmighu Sree Kongalaiamman Temple Festival at Erode Taluk and District on 11.04.2019 between 6.00p.m. to 11.00p.m. based on the petitioner's representation dated 19.03.2019.
For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)
ORDER
Seeking permission to conduct the cultural programme [Dance Programme] to be held on 11.04.2019 between 6.00pm to 11.00pm in the event of Chennanaickanur Arulmighu Sree Kongalaiamman Temple Festival at Erode Taluk and District, based on the petitioner's representation dated 19.03.2019 to the respondent police. 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 Government Advocate appearing for the respondents.
3. The learned Government Advocate (Crl. Side), 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, the petitioner is permitted to conduct cultural programme [Dance Programme] in the event of Chennanaickanur Arulmighu Sree Kongalaiamman Temple Festival at Erode Taluk and District, on 11.04.2019 between 06.00 p.m. to 10.00p.m., however with the following conditions:- (a) The cultural programme in connection with the event of Chennanaickanur Arulmighu Sree Kongalaiamman Temple Festival at Erode Taluk and District, shall be conducted on 11.04.2019 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 respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
msm Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
To
1. The Inspector of Police, Chithodu Police Station, Chithodu, Erode District.
3. The Public Prosecutor High Court of Madras, Chennai.
+1cc to Mr.A.Sathish Kumar, Advocate, SR.No.27896 Crl.O.P.No.7867 of 2019 Kak(26/03/2019)