K.Ilaiyappan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.05.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.12761 of 2019 K.Ilaiyappan .. Petitioner Vs.
The State rep by The Inspector of Police, Vazhapadi Police Station, Salem District.
.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to grant permission and to give Police Protection to conduct a Cultural Program scheduled to be held on 15.5.2019 in ''Sri Mariamman Temple'' at Vazhapadi Taluk, Salem District by considering the petitioner's representation dated 06.05.2019. For Petitioner : Ms.S.:Premakumari For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor
O R D E R
Seeking permission to conduct cultural programme in the event of Sri Mariyamman Temple Festival at Vazhapadi Taluk, Salem District on 15.05.2019, the petitioner made a representation dated 06.05.2019 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 Additional Public Prosecutor appearing for the respondents.
3. The 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 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 Mariyamman Temple Festival at Vazhapadi Taluk, Salem District, however with the following conditions:- (a) The cultural programme in connection with the event of Sri Mariyamman Temple Festival at Vazhapady, Salem District, shall be conducted on 15.05.2019 between 06.00 p.m. and 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.
09.05.2019 Internet:Yes Index:Yes/No Speaking/Non speaking order tsi To
1. The Inspector of Police, Vazhapadi Police Station, Salem District.
2.The Public Prosecutor, High Court, Madras.
N.ANAND VENKATESH,J.
tsi Crl.O.P.No..12761 of 2019 09.05.2019