S.Ramesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.11537, 11539 and 11543 of 2019 S.Ramesh ... Petitioner in Crl.O.P.No.11537 of 2019 M.Sampathkumar ... Petitioner in Crl.O.P.No.11539 of 2019 G.Umapathi ... Petitioner in Crl.O.P.No.11543 of 2019

Versus

State rep by The Inspector of Police, Paramathi Police Station, Paramathi, Namakkal District.

... Respondents in Crl.O.P.No.11537 of 2019 State rep by The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District.

... Respondents in Crl.O.P.No.11539 of 2019 State rep by The Inspector of Police, Karipatti Police Station, Karipatti, Salem District.

... Respondents in Crl.O.P.No.11543 of 2019

Common Prayer:- Criminal Original Petitions are filed under Section 482 of Criminal Procedure Code, to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adal Padal Nigalchi) in the event of (i) Pulavarpalayam Arulmigu Sree Mariamman, Madurai Veran & Kaliamman Temple Festival at Namakkal Taluk & District on 29.04.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 24.04.2019 (ii) Villankattur Arulmigy Sree Mariamman Temple Festival at Kumarapalayam Taluk, Namakkal District on 01.05.2019 between 06.00 p.m. to 11.00 p.m. by considering the petitioner's representation dated 24.04.2019 (iii) Aiyothipattinam, Malayan Nagar Arulmigu Sree Mariamman & Selliyamman Temple Festival at Valapadi Taluk, Salem District on 01.05.2019 between 06.00 p.m. to 11.00 p.

m. by considering the petitioner's representation dated 24.04.2019 respectively. For Petitioner : Mr.A.Sathishkumar in all Crl.O.Ps For Respondent : Mr.M.Mohammmed Riyaz in all Crl.O.Ps Additional Public Prosecutor C O M M O N O R D E R Seeking permission to conduct cultural programme in the event of (i) Pulavarpalayam Arulmigu Sree Mariamman, Madurai Veran & Kaliamman Temple Festival at Namakkal Taluk & District on 29.04.2019 (ii) Villankattur Arulmigy Sree Mariamman Temple Festival at Kumarapalayam Taluk, Namakkal District on 01.05.2019 (iii) Aiyothipattinam, Malayan Nagar Arulmigu Sree Mariamman & Selliyamman Temple Festival at Valapadi Taluk, Salem District on 01.05.2019 the petitioners made a representation dated 24.04.2019 to the respondents.

As the same has not been considered, the present Criminal Original petitions have been filed.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

3. Learned Additional Public Prosecutor, 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 representations. 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, these petitioners are permitted to conduct cultural programme in the event of (i) Pulavarpalayam Arulmigu Sree Mariamman, Madurai

Veran & Kaliamman Temple Festival at Namakkal Taluk & District on 29.04.2019 (ii) Villankattur Arulmigy Sree Mariamman Temple Festival at Kumarapalayam Taluk, Namakkal District on 01.05.2019 (iii) Aiyothipattinam, Malayan Nagar Arulmigu Sree Mariamman & Selliyamman Temple Festival at Valapadi Taluk, Salem District on 01.05.2019, however with the following conditions:- (a) Each petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respective 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 (i) Pulavarpalayam Arulmigu Sree Mariamman, Madurai Veran & Kaliamman Temple Festival at Namakkal Taluk & District on 29.04.

2019 (ii) Villankattur Arulmigy Sree Mariamman Temple Festival at Kumarapalayam Taluk, Namakkal District on 01.05.2019 (iii) Aiyothipattinam, Malayan Nagar Arulmigu Sree Mariamman & Selliyamman Temple Festival at Valapadi Taluk, Salem District on 01.05.2019, shall be conducted 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, these Criminal Original Petitions stands allowed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssr

To

1. The Inspector of Police, Paramathi Police Station, Paramathi, Namakkal District.

2. The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District.

3. The Inspector of Police, Karipatti Police Station, Karipatti, Salem District.

4. The Public Prosecutor High Court, Madras.

+3ccs to Mr.A.Sathishkumar, Advocate, S.R.No.41432 to 41433 Crl.O.P.Nos.11537, 11539 and 11543 of 2019 RSK(CO) RRS(27/04/2019)