D.Gunasekaran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.18821 of 2019 D.Gunasekaran ... Petitioner Vs.

1.The Superintendent of Police, Cuddalore District, 18, Pudukuppam, Cuddalore, Tamil Nadu 607 001.

2.The Inspector of Police, Law & Order Kullanjchavadi Police Station, Kullanjchavadi, Cuddalore District, Tamil Nadu 607 301.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Respondents to provide police protection to perform the cultural programs of (1) "Adal Padal Nikalchi" on 19.07.2019 at about 06.00 p.m to 11.00 p.m and (ii) the concert ("Innisai Kacheri") on 20.07.2019 at about 6.00 pm to 11.00 pm in the Saragai Varthal an Sedal Poduthal Thiruvizha for Sri Puthu Mariamman at Samittikuppam Village, Kurinjipadi Taluk, Cuddalore District, based on the representation of the Petitioner vide his letter dated 06.07.2019.

For Petitioner : Mr.S.Indrajith For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the Respondents to grant permission and also direct to provide police protection to perform the cultural programs of (1) "Adal Padal" on 19.07.2019 at about 06.00 p.m to 11.00 p.m and (ii) the concert ("Innisai Kacheri") on 20.07.2019 at about 6.00 pm to 11.00 pm in the

Saragai Varthal an Sedal Poduthal Thiruvizha for Sri Puthu Mariamman at Samittikuppam Village, Kurinjipadi Taluk, Cuddalore District, based on the representation of the Petitioner vide his letter dated 06.07.2019.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.The 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, the petitioner is permitted to conduct cultural programme in the event of Saragai Varthal an Sedal Poduthal Thiruvizha for Sri Puthu Mariamman at Samittikuppam Village, Kurinjipadi Taluk, Cuddalore District, however with the following conditions:- (a) The cultural programme in connection with the event of Saragai Varthal an Sedal Poduthal Thiruvizha for Sri Puthu Mariamman at Samittikuppam Village, Kurinjipadi Taluk, Cuddalore District, on 19.07.2019 and 20.07.2019 between 06.00 PM to 11.00 PM.

(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the 2nd respondent police towards police protection.

(c)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (d) Double meaning songs should not be played so as to spoil the minds of students and youths.

(e) No dance or songs, touching upon any political party or religion or community or caste shall be played. (f) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

(g) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(h) 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 (i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (j) The 2nd respondent is directed to issue necessary permission, incorporating the above conditions.

5.With the above directions, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Cuddalore District, 18, Pudukuppam, Cuddalore, Tamil Nadu 607 001.

2.The Inspector of Police, Law & Order Kullanjchavadi Police Station, Kullanjchavadi, Cuddalore District, Tamil Nadu 607 301.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Indrajith, Advocate, S.R.No.59925 Crl.O.P.No.18821 of 2019 VD(CO) RRS(17/07/2019)