K.Kovarthanan vs The Superintendent Of Police on 22 August, 2019

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Madras High Court

K.Kovarthanan vs The Superintendent Of Police on 22 August, 2019

Bench: N. Anand Venkatesh

                                                                         Crl.O.P.No.22703 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.22703 of 2019


                     K.Kovarthanan                                 ... Petitioner

                                                         Vs.

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

                     2.The Inspector of Police,
                       Thiruvalam Police Station,
                       Katpadi Taluk,
                       Vellor District.                            ... Respondents



                     Prayer: Criminal Original Petition is filed under Section 482 of
                     Criminal Procedure Code, to direct the 2nd Respondent to grant
                     permission and protection to conduct the Sri Kanniamman Temple
                     Festival and cultural programmes on 25.08.2019 at "Sri Kaniamman
                     Temple Tidal", situated at Eranthangal Village, Eranthangal Post,
                     Katpadi Taluk, Vellore District based on the petitioner representation
                     on 25.07.2019.


                                      For Petitioner     : Mr.M.Sathish Kumar
                                      For Respondents : Mr.M.Mohamed Riyaz,
                                                        Additional Public Prosecutor



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                                                                           Crl.O.P.No.22703 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) in Sri Kaniamman Temple Tidal", situated at Eranthangal Village, Eranthangal Post, Katpadi Taluk, Vellore District, scheduled to be held on 25.08.2019 by considering his representation dated 25.07.2019.

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 Kaniamman Temple Tidal", situated at Eranthangal Village, Eranthangal Post, Katpadi Taluk, Vellore District, however with the following conditions:-

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http://www.judis.nic.in Crl.O.P.No.22703 of 2019

(a) The cultural programme in connection with the event of cultural program (Dance and Music Program) in the Sri Kaniamman Temple Tidal", situated at Eranthangal Village, Eranthangal Post, Katpadi Taluk, Vellore District, on 25.08.2019 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.22703 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 Superintendent of Police, Vellore, Vellore District.

2.The Inspector of Police, Thiruvalam Police Station, Katpadi Taluk, Vellor District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22703 of 2019

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