P.Mahendran, 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.13003 of 2018 P.Mahendran .. Petitioner Vs.
The Inspector of Police, Umarabath Police Station, Ambur Taluk, Vellore District - 635 808.
.. Respondent Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code pleased to directing the respondent to consider the petitioner's representation dated 02.05.2018 and to give adequate police protection in order to conduct the cultural of which is schedule to be held on 06.05.2018 in Sri Ettiyamman Temple situated at Mariyamman Koil Street, Ramachandrapuram Village, Vengadasamuthiram Post, Ambur Taluk, Vellore District - 635 811.
For Petitioner : Mr.D.Jagadeesan For Respondent :
Ms.Kritika Kamal Government Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme which is schedule to be held on 06.05.2018 in Sri Ettiyamman Temple situated at Mariyamman Koil Street, Ramachandrapuram Village, Vengadasamuthiram Post, Ambur Taluk, Vellore District - 635 811., the petitioner made a representation dated 02.05.2018 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 event of permission being granted. In such view of the matter, the Criminal Original petition is allowed and the petitioner is permitted to the cultural which is schedule to be held on 06.05.2018 in Sri Ettiyamman Temple situated at Mariyamman Koil Street, Ramachandrapuram Village, Vengadasamuthiram Polst, Ambur Taluk, Vellore District - 635 811. however, with the following conditions:- (a) The cultural programme which is schedule to be held on 06.05.2018 in Sri Ettiyamman Temple situated at Mariyamman Koil Street, Ramachandrapuram Village, Vengadasamuthiram Polst, Ambur Taluk, Vellore District - 635 811., shall be conducted on 06.05.2018 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/- Vacation Officer(CO) //True Copy// Sub Assistant Registrar kas
To
1. The Inspector of Police, Umarabath Police Station, Ambur Taluk, Vellore District - 635 808.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.D.JAGADEESAN, Advocate, S.R.No. 33100 Crl.O.P.No.13003 of 2018 MR(CO) TR(04/05/2018)