S.Elangovan vs The Inspector Of Police on 28 February, 2020

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Madras High Court

S.Elangovan vs The Inspector Of Police on 28 February, 2020

Bench: P.Rajamanickam

                                                                                    Crl.OP.No.4566 of 2020

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED 28.02.2020

                                                          CORAM

                                    THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM

                                               CRL.O.P.No.4566 of 2020

                      S.Elangovan                                                   ... Petitioner
                                                          Vs.

                      The Inspector of Police,
                      U Mangalam Police Station,
                      Umangalam,
                      Cuddalore District.                                           ... Respondent

                      PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                      Criminal Procedure, to direct the respondent to grant permission and
                      protection to conduct cultural programmed (Dance and Music Programme) in
                      the Sri Thiropathi Amman Temple Festival situated at No.4/21, South Street,
                      Ponnalagaram, Kompadikuppam, Uoothangal Post, Virudhachalam Taluk,
                      Cuddalore District scheduled to be held on 03.03.2020 from 6.00 p.m to 11.00
                      pm and considering by his representation dated 21.01.2020.


                                         For Petitioner         : Mr.N.Desinghu

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

                                                          ORDER

This petition has been filed to issue direction to the respondent to 1/5 http://www.judis.nic.in Crl.OP.No.4566 of 2020 grant permission and protection to conduct cultural programmed (Dance and Music Programme) in the event of “Sri Thiropathi Amman Temple Festival” situated at No.4/21, South Street, Ponnalagaram, Kompadikuppam, Uoothangal Post, Virudhachalam Taluk, Cuddalore District scheduled to be held on 03.03.2020 from 6.00 p.m to 11.00 pm and considering his representation dated 21.01.2020.

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 “ “Sri Thiropathi Amman Temple Festival”, situated at situated at No.4/21, South Street, Ponnalagaram, Kompadikuppam, Uoothangal Post, Virudhachalam Taluk, Cuddalore District on 03.03.2020, however with the following conditions:-

(a) The aforesaid cultural programme shall be conducted on 03.03.2020 from 06.00 p.m. to 11.00 p.m only.

(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent police towards police protection.

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http://www.judis.nic.in Crl.OP.No.4566 of 2020

(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.

28.02.2020 Index:yes/No Speaking order/Non-speaking order Vv Note: Issue order copy on 28.02.2020 3/5 http://www.judis.nic.in Crl.OP.No.4566 of 2020 P.RAJAMANICKAM.J., Vv To

1. The Inspector of Police, U Mangalam Police Station, Umangalam, Cuddalore District.

2. The Public Prosecutor, Madras High Court, Chennai.

CRL.O.P.No.4566 of 2020

28.02.2020 4/5 http://www.judis.nic.in Crl.OP.No.4566 of 2020 5/5 http://www.judis.nic.in

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