K.Sudhakar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.21920 of 2019 K.Sudhakar ... Petitioner Vs.

The Inspector of Police, Saalavakkam Police Station, Saalavakkam, Kancheepuram District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to grant permission and protection to conduct cultural program (Dance and Music Program) in the Arulmigu Sri Kengaiamman Temple Festival situated at, No.2/161, Thurgaiamman Kovil Street, Aanampakkam Colony, Salavakkam Post, Uthiramerur Taluk, Kancheepuram District scheduled to be held on 26.08.2019 from 7.00 pm to 11.00 pm and considering by his representation dated 06.08.2019. For Petitioner : Mr.N.Desinghu For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to grant permission and police protection to conduct the cultural program (Dance and Music Program) which is scheduled to be held on 26.08.2019 from 7.00 pm to 11.00 pm in Arulmigu Sri Kengaiamman Temple Festival situated at, No.2/161, Thurgaiamman Kovil Street, Aanampakkam Colony, Salavakkam Post, Uthiramerur Taluk, Kancheepuram District, by considering by his representation dated 06.08.2019.

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 which is scheduled to be held on 26.08.2019 in Arulmigu Sri Kengaiamman Temple Festival situated at, No.2/161, Thurgaiamman kovil Street, Aanampakkam Colony, Salavakkam Post, Uthiramerur Taluk, Kancheepuram District, however with the following conditions:- (a) The cultural programme in Arulmigu Sri Kengaiamman Temple Festival situated at, No.2/161, Thurgaiamman kovil Street, Aanampakkam Colony, Salavakkam Post, Uthiramerur Taluk, Kancheepuram District, on 26.08.2019 between 07.00 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 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(Insp.Cell) //True Copy// Sub Assistant Registrar ub

To 1.The Inspector of Police, Saalavakkam Police Station, Saalavakkam, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Desinghu, Advocate, S.R.No.69313 Crl.O.P.No.21920 of 2019 MG(CO) RRS(20/08/2019)