Varatharaj vs The Inspector Of Police on 9 August, 2019

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Madras High Court

Varatharaj vs The Inspector Of Police on 9 August, 2019

Bench: N. Anand Venkatesh

                                                                               Crl.O.P.No.21562 of 2019

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 09.08.2019

                                                         CORAM

                                   THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.21562 of 2019

                     Varatharaj                                                ... Petitioner

                                                          Vs.
                     The Inspector of Police,
                     Chinnasalem Police Station,
                     Villupuram District.                                    ... Respondent
                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the Respondent Police authority to give police
                     protection and grant permission to conduct the Aadal & Padal dance program at
                     direct the Respondent Police to give police protection and grant permission to
                     conduct the Music & Dance (Aadal & Padal) program at Shri Selliamman Shri
                     Mahasakthi    Mariamman     Shri    Ayyanar   Temple,   Rayappanur       Village,
                     Melnariyappanur Post, Chinnasalem Taluk, Villupuram District scheduled to be
                     held on 13.08.2019 by considering the petitioner representation dated
                     06.08.2019.
                                        For Petitioner      : Mr.P.Rajavel
                                        For Respondent      : Mr.M.Mohamed Riyaz,
                                                              Additional Public Prosecutor
                                                        ORDER

This petition has been filed to direct the Respondent Police authority to give police protection and grant permission to conduct the Aadal & Padal dance program at direct the Respondent Police to give police protection and grant 1/4 http://www.judis.nic.in Crl.O.P.No.21562 of 2019 permission to conduct the Music & Dance (Aadal & Padal) program at Shri Selliamman Shri Mahasakthi Mariamman Shri Ayyanar Temple, Rayappanur Village, Melnariyappanur Post, Chinnasalem Taluk, Villupuram District scheduled to be held on 13.08.2019 by considering the petitioner 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 Music & Dance (Aadal & Padal) program at Shri Selliamman Shri Mahasakthi Mariamman Shri Ayyanar Temple, Rayappanur Village, Melnariyappanur Post, Chinnasalem Taluk, Villupuram District, however with the following conditions:-

(a) The cultural programme in connection with the event of Music & Dance (Aadal & Padal) program at Shri Selliamman Shri Mahasakthi Mariamman Shri Ayyanar Temple, Rayappanur Village, Melnariyappanur Post, Chinnasalem Taluk, Villupuram District, on 13.08.2019 between 06.00 PM to 11.00 PM.

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http://www.judis.nic.in Crl.O.P.No.21562 of 2019

(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.

5.With the above directions, this Criminal Original Petition stands allowed.

09.08.2019 Index :Yes/No Internet:Yes/No jas/vs Note: Issue Order Copy on 09.08.2019 3/4 http://www.judis.nic.in Crl.O.P.No.21562 of 2019 N. ANAND VENKATESH,J jas/vs To

1.The Inspector of Police, Chinnasalem Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.21562 of 2019

09.08.2019 4/4 http://www.judis.nic.in

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