Madras High Court
B.V.Ramakrishnan vs The Superintendent Of Police on 4 July, 2019
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.17420 of 2019
B.V.Ramakrishnan ... Petitioner
Vs.
1.The Superintendent of Police,
Dharmapuri,
Dharmapuri District.
2.The Inspector of Police,
Indhur Police Station,
Dharmapuri District. ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to direct the 2nd respondent to give the bandobust for
permission to conduct the cultural programme on 10.7.2019 in the event of
Arulmighu Sri Sakthi Mariamman Koil at Nallampalli Taluk, Indhur Via,
Dharmapuri District based on the petitioner's representation dated 1.7.2019.
For Petitioner : Mr.R.Gopinath
For Respondents : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
ORDER
This petition has been filed to direct the 2nd respondent to give the http://www.judis.nic.in 2 bandobust for permission to conduct the cultural programme on 10.7.2019 in the event of Arulmighu Sri Sakthi Mariamman Koil at Nallampalli Taluk, Indhur Via, Dharmapuri District based on the petitioner's representation dated 1.7.2019.
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 conduct cultural programme in the event of Arulmighu Sri Sakthi Mariamman Koil at Nallampalli Taluk, Indhur Via, Dharmapuri District however with the following conditions:-
(a) The cultural programme in connection with the event of Arulmighu Sri Sakthi Mariamman Koil at Nallampalli Taluk, Indhur Via, Dharmapuri District on 10.07.2019 between 6.00 pm to 11.00 pm.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the 2nd 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.
http://www.judis.nic.in 3
(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 second respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
04.07.2019 Index :Yes/No Internet:Yes/No vs/jas Note: Issue Order Copy on 08.07.2019 To
1.The Superintendent of Police, Dharmapuri, Dharmapuri District.
2.The Inspector of Police, Indhur Police Station, Dharmapuri District.
3.The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in 4 N. ANAND VENKATESH,J vs/jas Crl.O.P.No.17420 of 2019 04.07.2019 http://www.judis.nic.in