S.Suresh vs The Superintendent Of Police on 3 July, 2019

[Cites 1, Cited by 0]

Madras High Court

S.Suresh vs The Superintendent Of Police on 3 July, 2019

Bench: N. Anand Venkatesh

                                                                1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED 03.07.2019

                                                             CORAM

                                 THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

                                                     Crl.O.P.No.17285 of 2019

                     S.Suresh                                                         .. Petitioner

                                                                Vs.

                     1. The Superintendent of Police,
                        Salem,
                        Salem District – 636 001.

                     2. The Inspector of Police,
                        Pallipatti Police Station,
                        Salem Taluk,
                        Salem District – 636 009.                                     .. Respondents


                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure
                     Code, to direct the respondent to grant permission to perform the programme of
                     'Adal Padal' on 06.07.2019 at about 06.00 P.M to 11.00 P.M at ''Sri Sakthi
                     Kaliamman Temple Festival'' is situated at Adhisakthipuram, Angammal Colony,
                     Salem Taluk, Salem District and to provide adequate police protection based on
                     the petitioner's representations dated 19.06.2019.


                                          For Petitioner        : Mr.S.Mayilnathan

                                          For Respondents       : Mr.M.Mohamed Riyaz
                                                                  Additional Public Prosecutor




http://www.judis.nic.in
                                                                2

                                                            ORDER

This Criminal Original Petition has been filed seeking for police protection and permission to perform the programme of 'Adal Padal' on 06.07.2019 at about 06.00 P.M to 11.00 P.M at ''Sri Sakthi Kaliamman Temple Festival'' is situated at Adhisakthipuram, Angammal Colony, Salem Taluk, Salem District, by considering the petitioner's representation dated 19.06.2019 to the second 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 respondents.

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 perform the cultural program (Adal Padal) schedule to be held on 06.07.2019 in ''Sri Sakthi Kaliamman Temple Festival'' is situated at Adhisakthipuram, Angammal Colony, Salem Taluk, Salem District, however with the following conditions:-

(a) The cultural programme in ''Sri Sakthi Kaliamman Temple Festival'' is situated at Adhisakthipuram, Angammal Colony, Salem Taluk, Salem District, shall http://www.judis.nic.in 3 be conducted on 06.07.2019 between 07.00 p.m. and 10.00 p.m.

(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the second 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.

03.07.2019 Index :Yes/No Internet:Yes/No Speaking/Non speaking order msrm Note: Issue Order Copy on 04.07.2019 http://www.judis.nic.in 4 N. ANAND VENKATESH,J msrm To

1. The Superintendent of Police, Salem, Salem District – 636 001.

2. The Inspector of Police, Pallipatti Police Station, Salem Taluk, Salem District – 636 009.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.17285 of 2019

03.07.2019 (2/4) http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court