P.Arul Mani, S/O.Perisugounder v. The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2018
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.1441 of 2018 P.Arul mani .. Petitioner Vs
1. The Superintendent of Police, Krishnagiri, Krishnagiri District.
2. The Inspector of Police, B-7, Kaverippattinam Police Station, Krishnagiri Taluk, Krishnagiri District.
.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the first and second respondents to consider and pass orders on the application dated 06.01.2018 made by the petitioner which the time frame as may be fixed by this Court, much before the fixed programme which is to be held on 21.01.2018.
For Petitioner : M/s.S.Mayilnathan For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl. Side)
O R D E R
Seeking permission to conduct cultural programme in the event of Sri Renganathar Temple festival at Karadialli Village, Devarmukkulam Post, Krishnagiri Taluk, Krishnagiri District, the petitioner made a representation dated 06.01.2018 to the respondents. 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 respondents.
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 conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of Sri Renganathar Temple festival at Karadialli Village, Devarmukkulam Post, Krishnagiri Taluk, Krishnagiri District, shall be conducted on 21.01.2018 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 protection and permission, incorporating the above conditions. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dh/ak
To
1. The Superintendent of Police, Krishnagiri, Krishnagiri District.
2. The Inspector of Police, B-7, Kaverippattinam Police Station, Krishnagiri Taluk, Krishnagiri District.
3. The Public Prosecutor, High Court, Madras.
+1cc to M/s.S.Mayilnathan, Advocate, S.R.No.3544 Crl.OP.No.1441 of 2018 CS/19/01/18