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Madras High Court

R.Ravichandran vs The Inspector Of Police on 7 August, 2019

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

                                                                                Crl.O.P.No.21195 of 2019

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 07.08.2019

                                                          CORAM

                                  THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                 Crl.O.P.No.21195 of 2019

                     R.Ravichandran                                             ... Petitioner

                                                            Vs.

                     The Inspector of Police,
                     Kadaladi Police Station,
                     Thiruvannamalai District.                                   ... Respondent


                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to direct the respondent to grant permission and police
                     protection to conduct the     Cultural event viz., Adal Padal (Song and Dance)
                     Program to be held on 16.08.2019 at 6.00 P.M onwards in connection with the
                     Temple Festival of Sri Hosru Mariyamman Thirukovil, Mel Palur Village,
                     Kalasappakkam Taluk, Thiruvannamalai District, by considering the petitioner
                     representation dated 31.07.2019.


                                        For Petitioner      : Mr.S.Sathish
                                        For Respondents     : Mr.M.Mohamed Riyaz,
                                                              Additional Public Prosecutor

                                                         ORDER

This petition has been filed to direct the respondent to grant permission 1/4 http://www.judis.nic.in Crl.O.P.No.21195 of 2019 and police protection to conduct the Cultural event viz., Adal Padal (Song and Dance) Program to be held on 16.08.2019 at 6.00 P.M onwards in connection with the Temple Festival of Sri Hosru Mariyamman Thirukovil, Mel Palur Village, Kalasappakkam Taluk, Thiruvannamalai District, by considering the petitioner representation dated 31.07.2019.

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 Adal Padal (Song and Dance) program at Sri Hosru Mariyamman Thirukovil, Mel Palur Village, Kalasappakkam Taluk, Thiruvannamalai District, however with the following conditions:-

(a) The cultural programme in connection with the event of Sri Hosru Mariyamman Thirukovil, Mel Palur Village, Kalasappakkam Taluk, Thiruvannamalai District, on 16.08.2019 between 06.00 PM to 11.00 PM.
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http://www.judis.nic.in Crl.O.P.No.21195 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.

07.08.2019 (3/3) Index :Yes/No Internet:Yes/No ub 3/4 http://www.judis.nic.in Crl.O.P.No.21195 of 2019 Note: Issue Order Copy on 09.08.2019 N. ANAND VENKATESH,J ub To

1.The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.21195 of 2019

07.08.2019 (3/3) 4/4 http://www.judis.nic.in