Kuppan v. The 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.11177 of 2019 T.Kuppam ... Petitioner Vs.

The Inspector of Police Bargur Police Station Bargur T.K., Krishnagiri District-635 104. ... Respondent Prayer: Criminal Original Petitions are filed under Section 482 of Criminal Procedure Code, to consider the petitioner's representation dated 19.04.2019 and to give adequate police protection in order to conduct the cultural program which is scheduled to be held on 01.05.2019 at 7.00 a.m., to 10.30 p.m., in Sri Kongu Nattu Mariyamman Temple situated at Durais Nagar, Bargur Post, Bargur T.K., Krishnagiri District-635 104.

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

O R D E R

Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to consider the petitioner's representation dated 19.04.2019 and to give adequate police protection in order to conduct the cultural program which is scheduled to be held on 01.05.2019 in Sri Kongu Nattu Mariyamman Temple situated at Durais Nagar, Bargur Post, Bargur T.K., Krishnagiri District-635 104.

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 in the event of Sri Kongu Nattu Mariyamman Temple situated at Durais Nagar, Bargur Post, Bargur T.K., Krishnagiri District-635 104 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 Sri Kongu Nattu Mariyamman Temple situated at Durais Nagar, Bargur Post, Bargur T.K., Krishnagiri District-635 104. shall be conducted on 01.05.2019 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.

Sd/-- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar

kas To.

1.The Inspector of Police Bargur Police Station Bargur T.K., Krishnagiri District-635 104.

2.The Public Prosecutor High Court, Madras +1cc to Mr. D.Jagadeesan, Advocate SR.No. 40743 Crl.O.P.No.11177 of 2019 A.SK(26/04/2019)