A.Vadivel v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.20232 of 2019 A.Vadivel

...Petitioner

Vs.

The State rep by its, Inspector of Police, Namakkal Town Police Station, Namakkal District.

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to grant permission and to give Police Protection by considering the petitioner's representation dated 19.07.2019 for conducting "Kabadi" Competition, which is schedule to be held on 03.08.2019 and 04.08.2019 "Kabadi" Competition between 6.00 PM to 10.00 PM at Maariyamman Thidal, Thusur Village, Namakkal District. For Petitioner : Mr.N.Vijaya Basker For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to grant permission and to give Police Protection by considering the petitioner's representation dated 19.07.2019 for conducting "Kabadi" Competition, which is schedule to be held on 03.08.2019 and 04.08.2019 "Kabadi" Competition between 6.00 PM to 10.00 PM at Maariyamman Thidal, Thusur Village, Namakkal District.

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 appearing for the respondent submits that the Police does not have any reservations on the place, where the tournament is to be conducted. However, there is an apprehension that some law and order problem may arise during the tournament.

4. The respondent Police are directed to grant permission for conducting the Kabadi tournament, by enclosing the following conditions:

i) The petitioner and other participants shall not shout, raise any slogan for or against any party or party leader, any caste, community or creed;

ii) The petitioner shall ensure that no untoward incident is caused disturbing the public peace and tranquillity;

iii) The petitioner shall ensure proper first aid arrangements by keeping one or two doctors in the venue;

iv) The participants of "Kabadi"

tournament shall not wear any form of dress showing offending slogans or picture of any communal/political leader which may cause disturbance;

v) Songs praising communal leader or having communal overtones should not be played;

vi) The petitioner will ensure that no flex board or hoardings depicting particular community or leader will be displayed;

vii) There should not be any Flex Boards representing any community or political leaders; viii) If there is any 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;

ix) Similarly, the Police is empowered to stop the Kabadi tournament, if it exceeds beyond the permitted time;

x) the participants of the tournament shall not intake any kind of toxic substance or liquor during the tournament;

xi) If there is any untoward incident took place, the village people and the organizers of the tournament be made responsible for the same;

xii) The Refree must be authorized person from the District Association; and xiii) The respondent Police is at liberty to put any further restrictions or to impose any conditions purely in the interest of preserving public order and tranquillity, so as to maintain law and order and communal harmony.

xiv) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) for each day to the respondent police towards police protection.

5. The petitioner is also directed to ensure that the conditions are strictly compiled with and also to ensure that no law and order problem is created in the course of conducting the tournament.

6. The Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Namakkal Town Police Station, Namakkal District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Vijaya Basker Advocate, S.R.No. 64801 CRL.O.P.No.20232 of 2019 PM(CO) RRS(31/07/2019)