M.Gopal v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 10526 of 2019 M.Gopal .. Petitioner Vs.
The Inspector of Police, Senthamangalam Police Station, Namakkal District.
.. Respondent Prayer:
Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to grant permission and police protection to conduct the cultural event viz., Adal Padal (Song and dance) program to be held on 24.04.2019 at 6.00 p.m. onwards in connection with the Temple Festival of Sri Maga Mariamman Thirukoil, Pachudaiyampatti Pudhur Village, Senthamangalam Taluk, Namakkal District, by considering the petitioner's representation dated 12.04.2019. For Petitioner : Mr.S.Sathish For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme on 24.04.2019, in the event of Pachudaiyampatti Pudhur Village Sri Maga Mariamman Temple Festival at Senthamangalam Taluk, Namakkal District, the petitioner made a representation dated 12.04.2019 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 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 Pachudaiyampatti Pudhur Village Sri Maga Mariamman Temple Festival at Senthamangalam Taluk, Namakkal District, however with the following conditions:- (a)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.
(b) The cultural programme in connection with the event of Pachudaiyampatti Pudhur Village Sri Maga Mariamman Temple Festival at Senthamangalam Taluk, Namakkal District, shall be conducted on 24.04.2019 between 6.00 p.m. to 10.00 p.m. (c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.
(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(h) 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 (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar rm To
1. The Inspector of Police, Senthamangalam Police Station, Namakkal District.
2. The Public Prosecutor High Court, Madras.
+1cc to Mr.S.Sathish, Advocate, S.R.No.37950 Crl.O.P.No.10526 of 2019 SR(CO) CS/23/04/2019