Madras High Court
K.Dhanapal vs The Inspector Of Police on 25 April, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.11153 of 2019
K.Dhanapal ... Petitioner
Vs.
The Inspector of Police
Perumbalai Police Station
Dharmapuri District 636811 ... Respondent
Prayer: Criminal Original Petitions are filed under Section 482 of
Criminal Procedure Code, to direct the respondent authority to give
police protection and permission to conduct Cultural Programme
(Adalum Padalum) at Arulmigu Mariamman Temple” Festival, 2/149,
Errapatti Pazhaiyr thoppu village, Arakkasanaalli Post, Pennagaram
Taluk, Dharmapuri District 636811 on 01.05.2019 by considering the
petitioner's representation dated 22.04.2019.
For Petitioner : Mr.D.Balakrishnan
For Respondent : Mr.C.Raghavan
Govt. Advocate (crl.side)
ORDER
The Criminal Original Petition is filed under Section 482 of http://www.judis.nic.in 2 Criminal Procedure Code, to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adalum Padalum) at Arulmigu Mariamman Temple” Festival, 2/149, Errapatti Pazhaiyr thoppu village, Arakkasanaalli Post, Pennagaram Taluk, Dharmapuri District 636811 on 01.05.2019 by considering the petitioner's representation dated 22.04.2019.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.
3.The learned Government Advocate (Crl. Side), 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 (Adalum Padalum) at Arulmigu Mariamman Temple” Festival, 2/149, Errapatti Pazhaiyr thoppu village, Arakkasanaalli Post, Pennagaram Taluk, Dharmapuri District 636811, however with the following conditions:-
(a) The petitioner shall pay a sum of Rs.10,000/- (Rupees ten http://www.judis.nic.in 3 thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.
(b) The Cultural programme in connection with the event of (Adalum Padalum) at Arulmigu Mariamman Temple” Festival, 2/149, Errapatti Pazhaiyr thoppu village, Arakkasanaalli Post, Pennagaram Taluk, Dharmapuri District 636811 shall be conducted on 01.05.2019 between 06.00 p.m. and 10.00 p.m.
(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 http://www.judis.nic.in 4 G.K.ILANTHIRAIYAN, J.
kas
(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(j) The respondents are directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
25.04.2019 Internet:Yes Index:Yes/No Speaking/Non speaking order kas Note : Issue order copy on 26.04.2019 To.
1.The Inspector of Police Perumbalai Police Station Dharmapuri District 636811
2.The Public Prosecutor High Court, Madras http://www.judis.nic.in 5 Crl.O.P.No.11153 of 2019 http://www.judis.nic.in