R.Govindaraj vs State Rep By on 19 June, 2019

[Cites 1, Cited by 0]

Madras High Court

R.Govindaraj vs State Rep By on 19 June, 2019

Bench: N. Anand Venkatesh

                                                              1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED 19.06.2019

                                                           CORAM

                                 THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

                                                  Crl.O.P.No.15711 of 2019

                     R.Govindaraj                                                     .. Petitioner

                                                              Vs.

                     State Rep by
                     The Inspector of Police,
                     Shoolagiri Police Station,
                     Shoolagiri,
                     Krishnagiri District.                                             .. Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure
                     Code, to direct the respondent authority to give police protection and permission
                     to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Sappadi
                     Village Arulmigu Sree Adhi Sakthi Thottamma @ Plake Amman Temple Festival at
                     Shoolagiri Taluk, Krishnagiri on 06.07.2019 & 07.07.2019 between 06.00 PM to
                     11.00 PM by considering the petitioner's representation dated 15.06.2019.


                                          For Petitioner     : Mr.A.Sathishkumar

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

                                                           ORDER

This Criminal Original Petition has been filed seeking for police protection and permission to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Sappadi Village Arulmigu Sree Adhi Sakthi Thottamma @ Plake Amman Temple http://www.judis.nic.in 2 Festival at Shoolagiri Taluk, Krishnagiri District on 06.07.2019 & 07.07.2019 between 06.00 PM to 11.00 PM by considering the petitioner's representation dated 15.06.2019 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. 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 cultural program (Adal Padal Nigalchi) schedule to be held on 06.07.2019 & 07.07.2019 in the event of Sappadi Village Arulmigu Sree Adhi Sakthi Thottamma @ Plake Amman Temple Festival at Shoolagiri Taluk, Krishnagiri District, however with the following conditions:-

(a) The cultural programme in the event of Sappadi Village Arulmigu Sree Adhi Sakthi Thottamma @ Plake Amman Temple Festival at Shoolagiri Taluk, Krishnagiri District, shall be conducted on 06.07.2019 & 07.07.2019 between 07.00 p.m. and 10.00 p.m.

(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand http://www.judis.nic.in 3 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.

19.06.2019 Index :Yes/No Internet:Yes/No Speaking/Non speaking order msrm Note: Issue Order Copy on 24.06.2019 http://www.judis.nic.in 4 N. ANAND VENKATESH,J msrm To

1. The Inspector of Police, Shoolagiri Police Station, Shoolagiri, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15711 of 2019

19.06.2019 (4/5) http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court