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Madras High Court

Y.Selvam vs The Inspector Of Police on 22 August, 2019

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

                                                                                      Crl.O.P.No.22729 of 2019

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 22.08.2019

                                                          CORAM

                             THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                             Crl.O.P.No.22729 of 2019


                     Y.Selvam                                                 ... Petitioner

                                                                Vs.

                     1.The Inspector of Police,
                       Thiruvalam Police Station,
                       Vellor District.

                     2.The Superintendent of Police,
                       Vellore District,
                       Vellore.                                               ... Respondents



                     Prayer: Criminal Original Petition is filed under Section 482 of
                     Criminal Procedure Code, to direct the 1st and 2nd Respondents to
                     grant the permission and police protection to conduct the cultural
                     event viz., Aadalum Paadalum (Song and Dance) program in the name
                     of Golden Boys Dance Group to be held on 03.09.2019 at 5.00 pm to
                     11.00     pm   onwards     in    connection       with     the     temple      of    Sri
                     Muthumariamman        Thirukovil,     Serkadu      Koot     Road,     Anna     Nagar,
                     Katpadi    Taluk,   Vellore     District    by   considering       the    petitioner's
                     representation dated 14.08.2019.


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

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http://www.judis.nic.in
                                                                           Crl.O.P.No.22729 of 2019

                                                   ORDER

This petition has been filed to direct the Respondent to grant permission and protection to conduct the cultural program (Dance and Music Program) Sri Muthumariamman Thirukovil, Serkadu Koot Road, Anna Nagar, Katpadi Taluk, Vellore District, scheduled to be held on 03.09.2019 at 5.00 pm to 11.00 pm and considering by his representation dated 14.08.2019.

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 cultural program (Dance and Music Program) in the Sri Muthumariamman Thirukovil, Serkadu Koot Road, Anna Nagar, Katpadi Taluk, Vellore 2/4 http://www.judis.nic.in Crl.O.P.No.22729 of 2019 District, however with the following conditions:-

(a) The cultural programme in connection with the event of cultural program (Dance and Music Program) in the Sri Muthumariamman Thirukovil, Serkadu Koot Road, Anna Nagar, Katpadi Taluk, Vellore District, Chennai, on 03.09.2019 between 06.00 PM to 11.00 PM.
(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.
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http://www.judis.nic.in Crl.O.P.No.22729 of 2019 N. ANAND VENKATESH, J.

pnn

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

22.08.2019 Index :Yes/No Internet:Yes/No pnn Note: Issue Order Copy on 22.08.2019 To

1.The Inspector of Police, Thiruvalam Police Station, Vellor District.

2.The Superintendent of Police, Vellore District, Vellore.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22729 of 2019 4/4 http://www.judis.nic.in Crl.O.P.No.22729 of 2019 22.08.2019 5/4 http://www.judis.nic.in