S.Saminathan vs The Superintendent Of Police on 22 August, 2019

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Madras High Court

S.Saminathan vs The Superintendent Of Police on 22 August, 2019

Bench: N. Anand Venkatesh

                                                                                 Crl.O.P.No.22394 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.22394 of 2019


                     S.Saminathan                                               ... Petitioner

                                                            Vs.

                     1.The Superintendent of Police,
                       Namakkal District,
                       Namakkal.

                     2.The Inspector of Police,
                       Karattapalaiyam Police Station,
                       Thiruchengadu,
                       Namakkal District.                                       ... Respondents



                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to issue direction to the second respondent to give the
                     bandobust for permission to conduct the cultural programme on 31.08.2019 in
                     the event of Arulmighu Sri Periyandavar Sami, Arulmighu Sabthakannimar Sami,
                     Arulmighu Sri Veerargaran Sami, Pannikuttipalayam, Thiruchengadu, Namakkal
                     District based on the petitioner's representation dated 13.08.2019.


                                         For Petitioner     : Mr.P.Vimal Raj
                                         For Respondent     : Mr.M.Mohamed Riyaz,
                                                              Additional Public Prosecutor




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                                                                                  Crl.O.P.No.22394 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 the Arulmighu Sri Periyandavar Sami, Arulmighu Sabthakannimar Sami, Arulmighu Sri Veerargaran Sami, Pannikuttipalayam, Thiruchengadu, Namakkal District, scheduled to be held on 31.08.2019 by considering his representation dated 13.08.2019.

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 program (Dance and Music Program) in the 2/4 http://www.judis.nic.in Crl.O.P.No.22394 of 2019 Arulmighu Sri Periyandavar Sami, Arulmighu Sabthakannimar Sami, Arulmighu Sri Veerargaran Sami, Pannikuttipalayam, Thiruchengadu, Namakkal District, however with the following conditions:-

(a) The cultural programme in connection with the event of cultural program (Dance and Music Program) in the Arulmighu Sri Periyandavar Sami, Arulmighu Sabthakannimar Sami, Arulmighu Sri Veerargaran Sami, Pannikuttipalayam, Thiruchengadu, Namakkal District, on 31.08.2019 should 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

(i) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

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(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 26.08.2019 To

1.The Superintendent of Police, Namakkal District, Namakkal.

2.The Inspector of Police, Karattapalaiyam Police Station, Thiruchengadu, Namakkal District.

Crl.O.P.No.22394 of 2019 4/4

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