P.Sugu vs State Represented By on 22 August, 2019

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Madras High Court

P.Sugu vs State Represented By on 22 August, 2019

Bench: N. Anand Venkatesh

                                                                         Crl.O.P.No.22452 of 2019

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 22.08.2019

                                                      CORAM

                           THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                         Crl.O.P.No.22452 of 2019



                     P.Sugu                                        ... Petitioner

                                                         Vs.

                     State represented by
                     The Inspector of Police,
                     E-1, Mamallapuram Police Station,
                     Mamallapuram,
                     Kancheepuram 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 Puthiya Kalpakkam Arulmigu Sree
                     Venkattamman, Gengaiamman and Periya Palayathamman Temple
                     Festival at Thiruporur Taluk, Kancheepuram District on 01.09.2019
                     between 06.00 pm to 11.00 p.m. by considering the petitioner's
                     representation dated 14.08.2019.


                                     For Petitioner      : Mr.A.Sathishkumar
                                     For Respondent : Mr.M.Mohamed Riyaz,
                                                      Additional Public Prosecutor




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                                                                           Crl.O.P.No.22452 of 2019




                                                   ORDER

This petition has been filed to direct the Respondent to grant permission and protection to conduct the cultural program (Dance and Music Program) in Arulmigu Sree Venkattamman, Gengaiamman and Periya Palayathamman Temple Festival at Thiruporur Taluk, Kancheepuram District scheduled to be held on 01.09.2019 between 06.00 pm to 11.00 p.m. by considering 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.

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 cultural programme in the event of cultural 2/4 http://www.judis.nic.in Crl.O.P.No.22452 of 2019 program (Dance and Music Program) in the Arulmigu Sree Venkattamman, Gengaiamman and Periya Palayathamman Temple Festival at Thiruporur Taluk, Kancheepuram District", however with the following conditions:-

(a) The cultural programme in connection with the event of cultural program (Dance and Music Program) in the in the Arulmigu Sree Venkattamman, Gengaiamman and Periya Palayathamman Temple Festival at Thiruporur Taluk, Kancheepuram District, on 01.09.2019 shall 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 3/4 http://www.judis.nic.in Crl.O.P.No.22452 of 2019 N. ANAND VENKATESH, J.

pnn

(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.

22.08.2019 Index :Yes/No Internet:Yes/No pnn Note: Issue Order Copy on 22.08.2019 To

1.The Inspector of Police, E-1, Mamallapuram Police Station, Mamallapuram, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22452 of 2019 4/4

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