Madras High Court
M.Thirupathi vs The Inspector Of Police on 10 June, 2019
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.06.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.14483 of 2019
M.Thirupathi .. Petitioner
Vs.
The Inspector of Police,
Harur Police Station,
Dharmapuri 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 14.06.2019 at 6.00 pm onwards in connection with the Temple Festival Sri
Mariyamman Thirukovil, Palaiyam Village, Harur Taluk, Dharmapuri District by
considering the petitioner's representation dated 03.06.2019.
For Petitioner : Mr.S.Sathish
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking for permission and Police Protection to conduct the cultural event viz., Adal Padal (Song and Dance ) program to be held on 14.06.2019 at 6.00 pm onwards in connection with the Temple Festival Sri Mariyamman Thirukovil, Palaiyam Village, Harur Taluk, http://www.judis.nic.in 2 Dharmapuri District by considering the petitioner's representation dated 03.06.2019 to the 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 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 the cultural event viz., Adal Padal (Song and Dance ) program to be held on 14.06.2019'at 6.00 pm onwards in connection with the Temle Festival Sri Mariyamman Thirukovil, Palaiyam Village, Harur Taluk, Dharmapuri District, however with the following conditions:-
(a) The cultural programme in connection with the Temple Festival Sri Mariyamman Thirukovil, Palaiyam Village, Harur Taluk, Dharmapuri District, shall be conducted on 14.06.2019 between 06.00 p.m. and 11.00 p.m.
(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.
http://www.judis.nic.in 3
(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.
10.06.2019 Index :Yes/No Internet:Yes/No Speaking/Non speaking order msrm/rka Note: Issue Order Copy on 10.06.2019 http://www.judis.nic.in 4 N. ANAND VENKATESH,J msrm/rka To
1. The Inspector of Police, Harur Police Station, Dharmapuri District.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.14483 of 201910.06.2019 http://www.judis.nic.in