C.Sathish v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.05.2019

CORAM:

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P.No.13845 of 2019 C.Sathish

...Petitioner

Vs.

The Inspector of Police, Morapur Police Station, Harur Taluk, Dharmapuri District

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,to direct the respondent to consider the petitioner's representation dated 25.05.2019 and to give adequate police protection in order to conduct the cultural program which is schedule to be held on 31.05.2019 in Sri Veeramma Temple situated at Ramapuram Colony, Gopinathampatti Punjayat, Morapur Union, Harur Taluk, Dharmapuri District.

For Petitioner : Mr.D.Jagadeesan For Respondent : Ms.S.Thankira Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent to give adequate police protection in order to conduct the cultural program which is schedule to be held on 31.05.2019 in Sri Veeramma Temple situated at Ramapuram Colony, Gopinathampatti Punjayat, Morapur Union, Harur Taluk, Dharmapuri District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

3.The learned counsel for the petitioner would submit that the petitioner is the Dharmakartha of Sri Veeramma Temple at Ramapuram Colony, Gopinathampatti Punjayat, Morapur Union, Harur Taluk, Dharmapuri District. The temple festival will be celebrated in a grand manner every year and during the festival, the villagers planned to conduct Cultural Programme on

31.05.2019. In this regard, the petitioner gave a representation to the respondent on 25.05.2019. Since no action has been taken, the present petition has been filed.

4. The learned Government Advocate (Criminal Side) appearing for the respondent, on instructions, would submit that the respondent have no serious objection. She 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, Morapur Police Station, Harur Taluk, Dharmapuri District is directed to consider the representation of the petitioner, dated 25.05.2019 and to give permission and to provide police protection for Cultural Programme done by Sri Veeramma Temple at Ramapuram Colony, Gopinathampatti Punjayat, Morapur Union, Harur Taluk, Dharmapuri District, scheduled to be held on 31.05.2019, subject to the following conditions;

(a) Cultural Programme (Adal Padal Nigalchi) done by Sri Veeramma Temple at Ramapuram Colony, Gopinathampatti Punjayat, Morapur Union, Harur Taluk, Dharmapuri District scheduled to be held on 31.05.2019, should be completed before 10.00 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/Inspector of 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. In the result, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(V/O) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Morapur Police Station, Harur Taluk, Dharmapuri District 2.The Public Prosecutor, High Court of Madras.

+1cc to M/S.D.Jagadeesan, Advocate Sr.44478 Crl.O.P.No.13845 of 2019 kji[co] srg 03/06/2019