Boopathi Raju, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.05.2018
CORAM
THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM Crl.O.P.No.12840 of 2018 Boopathi Raju .. Petitioner Vs.
The Inspector of Police, Magudanchavadi Police Station, Salem District.
.. Respondent Prayer:
Criminal Original Petition filed under Section 482 of the Criminal Procedure Code pleased to pass an order of Direction, directing the respondents to grant permission and Police protection to the petitioner herein for organizing the cultural function in Kadaiyampatti Village at Salem District on 09.05.2018 by acting on his representation dated 26.04.2018. For Petitioner : Mr.S.Ashokkumar For Respondent : Ms.Kritika Kamal Government Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme in Kadaiyampatti Village at Salem District on 09.05.2018, the petitioner made a representation dated 26.04.2018 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 Government Advocate (Crl. side) appearing for the respondent.
3. Learned Government Advocate (Crl. side), 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 https://hcservices.ecourts.gov.in/hcservices/
event of permission being granted. In such view of the matter, the Criminal Original petition is allowed and the petitioner is permitted to conduct cultural function in Kadaiyampatti Village at Salem District on 09.05.2018, however, with the following conditions:- (a) The cultural programme in Kadaiyampatti Village at Salem District on 09.05.2018, shall be conducted between 06.30 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. Sd/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar kas To
1. The Inspector of Police, Magudanchavadi Police Station, Salem District.
2. The Public Prosecutor, High Court, Madras. +1cc to Mr.S.Ashokkumar, Advocate, S.R.No.33204 Crl.O.P.No.12840 of 2018 RSI(CO) CS/08/05/18 https://hcservices.ecourts.gov.in/hcservices/