N.Narayanappa vs The Superintendent Of Police on 27 February, 2020

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Madras High Court

N.Narayanappa vs The Superintendent Of Police on 27 February, 2020

Bench: P.Rajamanickam

                                                                                       Crl.OP.No.4561 of 2020

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED 27.02.2020

                                                             CORAM

                                     THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM

                                                  CRL.O.P.No.4561 of 2020


                      N.Narayanappa                                              ... Petitioner
                                                            Vs.

                      1.The Superintendent of Police,
                        Krishnagiri, Krishnagiri District – 635 001.

                      2.The Inspector of Police,
                        Shoolagiri Police Station,
                        Shoolagiri Taluk,
                        Krishnagiri District – 635 117.                           ... Respondents



                      PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                      Criminal Procedure, to issue a direction to the respondent to grant permission
                      to perform the program of 'Adal Padal' on 08.03.2020 at about 06.00 PM to
                      11.00 PM at “Sri Muniswara Swamy Temple Festival” Ranamanthakuttai Village,
                      Shoolagiri Post, Shoolagiri Taluk, Krishnagiri District and to provide adequate
                      police protection based on petitioner's representation dated 22.02.2020.


                                           For Petitioner         : Mr.S.Mayilnathan

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



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                                                                                    Crl.OP.No.4561 of 2020




                                                        ORDER

This petition has been filed to issue a direction to the respondent to grant permission to perform the program of 'Adal Padal' on 08.03.2020 at about 06.00 PM to 11.00 PM at “Sri Muniswara Swamy Temple Festival” Ranamanthakuttai Village, Shoolagiri Post, Shoolagiri Taluk, Krishnagiri District and to provide adequate police protection based on petitioner's representation dated 22.02.2020.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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 Muniswara Swamy Temple Festival” situated at Ranamanthakuttai Village, Shoolagiri Post, Shoolagiri Taluk, Krishnagiri District, on 08.03.2020, however with the following conditions:-

(a) The aforesaid cultural programme shall be conducted on 08.03.2020 from 06.00 p.m. to 11.00 p.m only.

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(b) The petitioner shall pay a cost of Rs.10,000/- (Rupees Ten Thousand only) to the second 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 second respondent is directed to issue necessary permission, incorporating the above conditions.

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

27.02.2020 Index:yes/No Speaking order/Non-speaking order drl Note: Issue order copy on or before 05.03.2020 3/4 http://www.judis.nic.in Crl.OP.No.4561 of 2020 P.RAJAMANICKAM.J., drl To

1.The Superintendent of Police, Krishnagiri, Krishnagiri District – 635 001.

2.The Inspector of Police, Shoolagiri Police Station, Shoolagiri Taluk, Krishnagiri District – 635 117.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.4561 of 2020

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