B.Sugumar v. The Superintendent Of Police (S.P)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.22424 of 2019 B.Sugumar ... Petitioner Vs.
1. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
2. The Deputy Superintendent of Police, Tiruvannamalai Town, Tiruvannamalai District.
3. The Sub Inspector of Police Mangalam Police Station, Tiruvannamalai District.
... 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 "Rajanila Innisai Katchery" on 23.08.2019 at about 7.00 p.m to 10.00 p.m, at "Thooya Vinnarasi Annai Alayam and to provide adequate police protection based on the petitioner's representation dated 14.08.2019.
For Petitioner : Mr. T.V.G.Kartheeban 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 "Rajanila Innisai Katchery" on 23.08.2019 at about 7.00 p.m to 10.00 p.m, at "Thooya Vinnarasi Annai Alayam and to provide adequate police protection based on the petitioner's representation dated 14.08.2019.
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 the program of "Rajanila Innisai Katchery at"Thooya Vinnarasi Annai Alayam, however with the following conditions:- (a) The programme in connection with the event of "Rajanila Innisai Katchery at"Thooya Vinnarasi Annai Alayam, on 23.08.2019 between 07.00 PM to 10.00 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.
uma Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.
2. The Deputy Superintendent of Police, Tiruvannamalai Town, Tiruvannamalai District.
3. The Sub Inspector of Police Mangalam Police Station, Tiruvannamalai District.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.T.V.G.Kartheeban, Advocate, SR.No.71109 Crl.O.P.No.22424 of 2019 Kak(21/08/2019)