K.V.Govindasamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20060 of 2019 K.V.Govindasamy ... Petitioner Vs.

1. The Superintendent of Police, Krishnagiri, Krishnagiri District-635 001.

2. The Inspector of Police, Nagarasampatti Police Station, Krishnagiri Taluk, Krishnagiri District-635 112.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the respondent to grant permission to perform the program of Ádal Padal'on 26.07.2019 at about 06.00 p.m to 11.00 p.m at "Mayilparai Sri Balamurugan Temple Adi Kriuthigai Festival" is situated at Koorampatti Village, Malaiyandaalli Post, Krishnagiri Taluk, Krishnagiri District and to provide adequate police protection based on the petitioner's representation dated 18.07.2019. For Petitioner : Mr.Mayilanathan.S For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to grant permission to perform the program of Ádal Padal'on 26.07.2019 at about 06.00 p.m to 11.00 p.m at "Mayilparai Sri Balamurugan Temple Adi Kriuthigai Festival" is situated at Koorampatti Village, Malaiyandaalli Post, Krishnagiri Taluk, Krishnagiri District and to provide adequate police protection based on the petitioner's representation dated 18.07.2019. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

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 'Adal Padal' (Dance and Music Program) in the "Mayilparai Sri Balamurugan Temple Adi Kriuthigai Festival" is situated at Koorampatti Village, Malaiyandaalli Post, Krishnagiri Taluk, Krishnagiri District, however with the following conditions:- (a) The cultural programme in connection with the event of 'Adal Padal'(Dance and Music Program) in the "Mayilparai Sri Balamurugan Temple Adi Kriuthigai Festival" is situated at Koorampatti Village, Malaiyandaalli Post, Krishnagiri Taluk, Krishnagiri District, on 26.07.2019 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 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 Uma

To

1. The Superintendent of Police, Krishnagiri, Krishnagiri District-635 001.

2. The Inspector of Police, Nagarasampatti Police Station, Krishnagiri Taluk, Krishnagiri District-635 112.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Mayilnathan, Advocate, S.R.No. 64133 Crl.O.P.No.20060 of 2019 SP(CO) GN(29/07/2019)