Madras High Court
K.Venkatesan vs The Superintendent Of Police on 25 March, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.7980 of 2019
K.Venkatesan .. Petitioner
Vs.
1. The Superintendent of Police
Erode, Erode District.
2. The Inspector of Police,
Appakudal Police Station,
Erode District. .. Respondents
Prayer : Criminal Original Petition is filed under Section 482 of the Code of
Criminal Procedure to direct the 2nd respondent to give the Bandobust and
permission to conduct the cultural programme (Dance Programme) on
28.03.2019 in the event of Arulmighu Sri Maha Mariamman Koil at
Kuppandampalayam, Atheni, Bhavani, Erode District, based on the
petitioner's representation dated 20.03.2019.
For Petitioner : Mr.R.Gopinath
For Respondents : Mr.C.Raghavan
Government Pleader (Crl. Side)
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ORDER
Seeking permission to conduct the cultural programme [Dance Programme] to be held on 28.03.2019 in the event of Arulmighu Sri Maha Mariamman Koil at Kuppandampalayam, Atheni, Bhavani, Erode District, based on the petitioner's representation dated 20.03.2019 to the second 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 Government Pleader 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 [Dance Programme] in the event of Arulmighu Sri Maha Mariamman Koil at Kuppandampalayham, Atheni, Bhavani, Erode District, on 28.03.2019 between 06.00 p.m. to 10.00p. however with the following conditions:-
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(a) The cultural programme in connection with the event of Arulmighu Sri Maha Mariamman Koil at Kuppandampalayham, Atheni, Bhavani, Erode District, shall be conducted on 28.03.2019 between 06.00 p.m. and 10.00 p.m.
(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.
(c) Double meaning songs should not be played so as to spoil the minds of students and youths.
(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.
(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.
(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.
(g) 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
(h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.
(i) The respondent is directed to issue necessary permission, incorporating the above conditions.
5. With the above directions, this Criminal Original Petition stands allowed.
25.03.2019 Internet:Yes Index:Yes/No Speaking/Non speaking order msm http://www.judis.nic.in 4 Internet : Yes Index : Yes/No Speaking/Non Speaking order msm Note:Issue order copy on 26.03.2019 http://www.judis.nic.in 5 G.K.ILANTHIRAIYAN, J.
msm To
1. The Superintendent of Police Erode, Erode District.
2. The Inspector of Police, Appakudal Police Station, Erode District.
3.The Public Prosecutor High Court of Madras, Chennai.
Crl.O.P.No.7980 of 201925.03.2019 http://www.judis.nic.in