S.Boobalan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2019
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.24532 of 2019 S.Boobalan .. Petitioner Vs The Inspector of Police, Vaniyampadi Taluk Police Station, Vellore District - 635751.
.. Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the respondent to consider the petitioner's representation dated 04.09.2019 and to give adequate police protection in order to conduct the cultural program which is schedule to be held on 15.09.2019 in Sri Periyaandavar and Sri Muneeshwarar Temple situated at Vaniyampadi T.K., Vellore District - 635751. For Petitioner : Mr.D.Jagadeesan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor - - - -
O R D E R
Seeking permission to conduct cultural programme at Sri Periyaandavar and Sri Muneeshwarar Temple situated at Vaniyampadi T.K., Vellore District - 635751 on 15.09.2019, the petitioner made a representation dated 04.09.2019 to the respondent. As the same has not been considered, the present criminal original petition has been filed.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. 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 criminal original petition is allowed and the petitioner is permitted to conduct cultural programme , however, with the following conditions:- (a) The cultural programme in connection with the event of Sri Periyaandavar and Sri Muneeshwarar Temple Festival at Vaniyampadi T.K., Vellore District - 635751 shall be conducted on 15.09.2019 between 06.00 p.m. and 11.00 p.m. (b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants. (c) Double meaning songs should not be played so as to spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played. (e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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 (h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit. (i) The respondent is directed to issue necessary protection and permission, incorporating the above conditions. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Inspector of Police, Vaniyampadi Taluk Police Station, Vellore District - 635751.
2. The Additional Public Prosecutor, High Court, Madras.
+1 cc to Mr.D.Jagadeesan Advocate sr78296 Crl.OP.No.24532 of 2019 pp(co) aa13/09/2019