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Madras High Court

G.Raghuram vs The Inspector Of Police on 22 August, 2019

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

                                                                            Crl.O.P.No.22406 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.22406 of 2019


                     G.Raghuram                                       ... Petitioner

                                                         Vs.

                     The Inspector of Police,
                     Kiramiya Police Station,
                     Polur taluk,
                     Thiruvannamalai District.                        ... Respondent


                     Prayer: Criminal Original Petition is filed under Section 482 of
                     Criminal Procedure Code, directing the respondent police to grant
                     permission and necessary police protection to perform the Krishna
                     Jayanthi festival cultural program ie., Aadal Paadal on the Arulmigu
                     Radha Rukmani Sametha Venugopal Swami at Mandakulathur Village,
                     Polur Taluk, Thiruvannamalai District which is held to be on
                     24.08.2019 in pursuant to the petitioner's representation dated
                     06.08.2019.

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




                                                     ORDER
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http://www.judis.nic.in Crl.O.P.No.22406 of 2019 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 Radha Rukmani Sametha Venugopal Swami at Mandakulathur Village, Polur Taluk, Thiruvannamalai District, scheduled to be held on 24.08.2019 by considering the petitioner's representation dated 06.08.2019.

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 "Arulmigu Radha Rukmani Sametha Venugopal Swami at Mandakulathur Village, Polur Taluk, Thiruvannamalai District, however with the following conditions:- 2/4

http://www.judis.nic.in Crl.O.P.No.22406 of 2019
(a) The cultural programme in connection with the event of cultural program (Dance and Music Program) in the Arulmigu Radha Rukmani Sametha Venugopal Swami at Mandakulathur Village, Polur Taluk, Thiruvannamalai District, on 24.08.2019 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
(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.

N. ANAND VENKATESH, J.

3/4 http://www.judis.nic.in Crl.O.P.No.22406 of 2019 pnn

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, Kiramiya Police Station, Polur taluk, Thiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22406 of 2019 4/4 http://www.judis.nic.in