K.P.Rajaraman v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.22662 of 2019 K.P.Rajaraman ... Petitioner Vs.

The Inspector of Police, Gingee Police Station, Villupuram District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to give permission and police protection to conduct an Music Orchestra at Vinayagar Chadurthi festival on 04.09.2019 at Manthaveli Thidal, Beerangimedu, Gingee, Villupuram District in a grand and peaceful manner on the basis of the petitioner's representation dated 13.08.2019.

For Petitioner : Mr.R.Sasikumar 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 protection to conduct the Vinayagar Chathurthi festival on 04.09.2019 at Manthaveli Thidal, Beerangimedu, Gingee, Villupuram District by considering his representation dated 13.08.2019.

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 Vinayagar Chachurthi festival at Manthaveli Thidal, Beerangimedu, Gingee, Villupuram District, however with the following conditions:- (a) The celebration in connection with the event of Vinayagar Chathurthi festival at Manthaveli Thidal, Beerangimedu, Gingee, Villupuram District, on 02.09.2019 should be conducted 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 respondent is directed to issue necessary permission, incorporating the above conditions. 5.With the above directions, this Criminal Original Petition stands allowed.

pnn Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Gingee Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22662 of 2019 Kak(26/08/2019)