M.Munusamy v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20592 of 2019 M.Munusamy ... Petitioner Vs.

The Inspector of Police, Brammadesam Police Station, Thiruvannamalai - District.

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to directing the respondent to consider the petitioner representation dated 27.07.2019 and 29.07.2019 for provide police protection and permission to conduct Music Programme (Pattu Kacheri) and other cultural programmes held on 12.08.2019 at Arulmiku Mannarsamy Sri Pachaiyamman Temple situated at Vada Eluppai Village, Vempakkam Taluk, Thiruvannamalai - District.

For Petitioner : Mr.P.P.Pandiyan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent authority to give police protection and permission to conduct Music Programme (Pattu Kacheri) in the event of Arulmiku Mannarsamy Sri Pachaiyamman Temple Festival at Vada Eluppai Village, Vempakkam Taluk, Thiruvannamalai - District on 12.08.2019 between 6.00 p.m to 11.00 p.m by considering the petitioner's representation dated 27.07.2019 and 29.07.2019. 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 Music Programme (Pattu Kacheri) in the event of Arulmiku Mannarsamy Sri Pachaiyamman Temple Festival at Vada Eluppai Village, Vempakkam Taluk, Thiruvannamalai - District, however, with the following conditions:- (a) The cultural programme in connection with the event of Music Programme (Pattu Kacheri) in the event of Arulmiku Mannarsamy Sri Pachaiyamman Temple Festival at Vada Eluppai Village, Vempakkam Taluk, Thiruvannamalai - District shall be conducted on 12.08.2019 between 06.00 pm to 11.00 p.m. (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 respondent police is directed to issue necessary permission, incorporating the above conditions.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Brammadesam Police Station, Thiruvannamalai - District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.P.Pandiyan, Advocate Sr.65686 Crl.O.P.No. 20592 of 2019 srg 6/8/2019