Madras High Court
A.Ilayaraja vs State Represented By on 24 October, 2019
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.O.P.No.28692 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2019
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
Crl.O.P.No.28692 of 2019
A.Ilayaraja ...Petitioner
Vs.
State represented by
The Inspector of Police,
Rasipuram Police Station,
Rasipuram Taluk,
Namakkal District. ...Respondent
Prayer : Criminal Original Petition filed under Section 482 Cr.PC, praying
to direct the respondent authority to give police protection and
permission to conduct Cultural programme (Adal Padal Nigalchi) in the
event of Rasipuram Arulmigu Sree Sumangali Mariamman Temple
Festival at Rasipuram Taluk, Namakkal District on 08.11.2019 between
06.00 PM to 11.00 PM by considering the petitioner's representation dated
21.10.2019.
For Petitioner : Mr.A.Sathishkumar
For Respondent : Mr.C.Iyyapparaj
Additional Public Prosecutor
http://www.judis.nic.in
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Crl.O.P.No.28692 of 2019
ORDER
Seeking permission to conduct cultural programme in the event of “Rasipuram Arulmigu Sree Sumangali Mariamman Temple Festival at Rasipuram Taluk, Namakkal District on 08.11.2019 between 06.00 PM to 11.00 PM”, the petitioner made a representation dated 21.10.2019 to the respondent. Since 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. 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 Criminal Original Petition is allowed and the petitioner is permitted to conduct cultural programme, however, http://www.judis.nic.in 2/4 Crl.O.P.No.28692 of 2019 with the following conditions:-
(a) The cultural programme in connection with the event of Rasipuram Arulmigu Sree Sumangali Mariamman Temple Festival at Rasipuram Taluk, Namakkal District, shall be conducted on 08.11.2019 between 06.00 PM to 11.00 PM
(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 http://www.judis.nic.in 3/4 Crl.O.P.No.28692 of 2019 M.S.RAMESH,J.
sni
(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 protection and permission, incorporating the above conditions.
24.10.2019 Index: Yes/No Internet: Yes/No sni (Note: Issue order through website on 04.11.2019) To
1. The Inspector of Police, Rasipuram Police Station, Rasipuram Taluk, Namakkal District.
3. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.28692 of 2019 http://www.judis.nic.in 4/4