C.Gunasekaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12839 of 2019 C.Gunasekaran Petitioner Vs The Inspector of Police, Kurisilapattu Police Station Vaniyambadi T.K., Vellore District - 635 702., Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to consider the petitioner's representation on 08.05.2019 to give adequate police protection in order to conduct the cultural program which is schedule to be held on 22.05.2019 between 7.00 P.M. to 10.00 P.M. in Sri Mariyamman temple situated at Jedaiyanoor Village, Perumapattu Post, Vaniyambadi T.K., Vellore District - 635 702. For petitioner : Mr.D.Jagadeesan For respondent : Ms.P.Kritika Kamal, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent give police protection and permission to the petitioner to conduct a cultural programme scheduled to be held on 22.05.2019 between 7.00 P.M. to 10.00 P.M. in Sri Mariyamman temple situated at Jedaiyanoor Village, Perumapattu Post, Vaniyambadi T.K., Vellore District by considering the petitioner representation dated 08.05.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. 3.The learned counsel for the petitioner would submit that the petitioner is the Dharmakartha of the said temple. The temple festival will be celebrated in the said temple in a very grand manner and during the festival, the villagers planned to conduct Cultural programme on 22.05.2019. In this regard, the

petitioner gave a representation to the respondent on 08.05.2019. Since no action has been taken, the present Criminal Original Petition has been filed.

4. The learned Government Advocate appearing for the respondent, on instructions, would submit that the respondent has no serious objection. He further submitted that permission may be granted subject to stringent conditions.

5. Considering the facts and circumstances of the case, the Criminal Original Petition is disposed of with the following directions:

The respondent/The Inspector of Police, Kurisilapattu Police Station, Vaniyambadi T.K., Vellore District is directed to consider the representation of the petitioner, dated 08.05.2019 and to give permission and to provide police protection for Cultural Programme done by Sri Mariyamman temple situated at Jedaiyanoor Village, Perumapattu Post, Vaniyambadi T.K., Vellore District, scheduled to be held on 22.05.2019, subject to the following conditions;

(a) Cultural Programme done by Sri Mariyamman temple situated at Jedaiyanoor Village, Perumapattu Post, Vaniyambadi T.K., Vellore District scheduled to be held on 22.05.2019, should be completed before 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 as they will 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 conducted beyond the permitted time limit.

(i) The petitioner as well as the organizers shall give a letter of undertaking agreeing to strictly adhere to the above conditions.

6.It is open to the respondent police to impose any further restrictions or conditions purely in the interest of preserving public order and tranquility. There can be a total ban for putting up any Flex Board representing any community, political party or organization.

7. With the above directions, the Criminal Original Petition is disposed of. No costs.

Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Kurisilapattu Police Station Vaniyambadi T.K., Vellore District - 635 702.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Jagadeesan, Advocate sr.43722 Crl.O.P.No.12839 of 2019 nr 17/05/2019