R.Balasubramani, Age 45, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2017

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No.28287 of 2017 R.Balasubramani ... Petitioner Vs 1.The Superintendent of Police, Erode District.

2.The Inspector of Police, Karungalpalyam Police Station, Erode District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the 2nd Respondents to grant permission and Bandobustto conduct cultural programmes (Adal Padal) at Vairapalayam Village Arulmegu Sri Om Kaliamman Kovil Thiruvizha on 27.12.2017 by considering the petitioner representation dated 13.12.2017 at No.37, Pattol Nagar, Vairapalyam post, Erode District.

For Petitioner : Mr.V.Ravichandran For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

Seeking permission to conduct cultural programmes (Adal Padal) at Vairapalayam Village Arulmegu Sri Om Kaliamman Kovil Thiruvizha at No.37, Pattol Nagar, Vairapalyam post, Erode District, the petitioner made a representation

dated 13.12.2017 to the second 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. 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, this petition is allowed and the petitioner is permitted to conduct cultural programmes (Adal Padal) at Vairapalayam Village Arulmegu Sri Om Kaliamman Kovil Thiruvizha at No.37, Pattol Nagar, Vairapalyam post, Erode District, however, with the following conditions:- (a) The cultural programme in connection with the event of cultural programmes (Adal Padal) at Vairapalayam Village Arulmegu Sri Om Kaliamman Kovil Thiruvizha at No.37, Pattol Nagar, Vairapalyam post, Erode District on 27.12.2018 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 second respondent is directed to issue necessary permission, incorporating the above conditions.

19.12.2017 Index : Yes/No Note: Issue order copy on or before 22.12.2017 klt To 1.The Superintendent of Police, Erode District.

2.The Inspector of Police, Karungalpalyam Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

klt Crl.O.P.No.28287 of 2017 19.12.2017