Madras High Court
P.Selvam vs The Inspector Of Police on 27 August, 2019
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
Crl.O.P.No.23004 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.23004 of 2019
P.Selvam ... Petitioner
Vs.
The Inspector of Police,
Irumbulikurichi Police Station,
Ariyalur 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 02.09.2019 at 6.00 pm onwards in connection with the
Temple Festival of Arulmighu Vinayagar Thirukovil, Kunnamthondi
Irumbulikurichi Village, Sendurai Taluk, Ariyalur District, by considering the
petitioner's representation dated 19.08.2019.
For Petitioner : Mr.S.Sathish
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
ORDER
This petition has been filed 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 02.09.2019 at 6.00 pm onwards in connection with 1/4 http://www.judis.nic.in Crl.O.P.No.23004 of 2019 the Temple Festival of Arulmighu Vinayagar Thirukovil, Kunnamthondi Irumbulikurichi Village, Sendurai Taluk, Ariyalur District, by considering the petitioner's representation dated 19.08.2019.
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 Adal Padal (Song and Dance) at Arulmighu Vinayagar Thirukovil, Kunnamthondi Irumbulikurichi Village, Sendurai Taluk, Ariyalur District, however with the following conditions:-
(a) The cultural programme in connection with the event of Adal Padal (Song and Dance) program at Arulmighu Vinayagar Thirukovil, Kunnamthondi Irumbulikurichi Village, Sendurai Taluk, Ariyalur District, on 02.09.2019 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.
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(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.
27.08.2019 (3/3) Index :Yes/No Internet:Yes/No jas/vs Note: Issue Order Copy on 29.08.2019 3/4 http://www.judis.nic.in Crl.O.P.No.23004 of 2019 N. ANAND VENKATESH,J jas/vs To
1.The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.23004 of 201927.08.2019 (3/3) 4/4 http://www.judis.nic.in