Rajakarthikeyan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11007 of 2019 Rajakarthikeyan ... Petitioner Vs.

The Inspector of Police Chithode Police Station Chithode Erode Taluk & District ... Respondent Prayer: Criminal Original Petitions are filed under Section 482 of Criminal Procedure Code, to direct the respondent to consider Petitioner's representation dated 21.04.2019 and to give police protection and permission to conduct temple festival with cultural programs (Adal Padal) at Arulmigu Sri Elavamalai Selliyandi Amman Tiru Koil at Elavamalai, Erode Taluk & District scheduled to be held on 01.05.2019.

For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.C.Raghavan Govt. Advocate (crl.side)

O R D E R

The Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to consider Petitioner's representation dated 21.04.2019 and to give police protection and permission to conduct temple festival with cultural programs (Adal Padal) at Arulmigu Sri Elavamalai Selliyandi Amman Tiru Koil at Elavamalai, Erode Taluk & District scheduled to be held on 01.05.2019.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) 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 (Adal Padal) at Arulmigu Sri Elavamalai Selliyandi Amman Tiru Koil at Elavamalai, Erode Taluk & 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 (Adal Padal) at Arulmigu Sri Elavamalai Selliyandi Amman Tiru Koil at Elavamalai, Erode Taluk & District shall be conducted on 22.05.2019 between 06.00 p.m. and 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 respondents are directed to issue necessary permission, incorporating the above conditions.

5. With the above directions, this Criminal Original Petition stands allowed.

kas Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police Chithode Police Station Chithode Erode Taluk & District 2.The Public Prosecutor High Court, Madras +1cc to Mr.D.Thirumoorthy, Advocate, SR.No.40366 Crl.O.P.No.11007 of 2019 Kak(27/04/2019)