P.Venkatesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9868 of 2019 P.Venkatesh ... Petitioner Vs The Inspector of Police, Kondalampatti Police Station, Kondalampatti, Salem District.

... Respondent Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent authority to give police protection and permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Sivathapuram, Chinna Kutti Street Arulmigu Sree Periyandichi Amman Temple Festival at Salem Taluk & District on 27.04.2019 between 06.00 P.m to 11.00 p.m by considering the petitioner's representation dated 06.04.2019. For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent authority to give police protection and permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Sivathapuram, Chinna Kutti Street Arulmigu Sree Periyandichi Amman Temple Festival at Salem Taluk & District on 27.04.2019 between 06.00 P.m to 11.00 p.m by considering the petitioner's representation dated 06.04.2019. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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 in the event of Sivathapuram, Chinna Kutti Street Arulmigu Sree Periyandichi Amman Temple Festival at Salem Taluk & District however with the following conditions:- (a) The cultural programme in connection with the event of Sivathapuram, Chinna Kutti Street Arulmigu Sree Periyandichi Amman Temple Festival at Salem Taluk & District on 27.04.2019 between 06.00 P.m to 11.00 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.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar rna

To 1.The Inspector of Police, Kondalampatti Police Station, Kondalampatti, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Sathishkumar, Advocate, S.R.No.35945 Crl.O.P.No.9868 of 2019 pp(co) cs/15/04/2019