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Madras High Court

K.Ramajeyam vs The Inspector Of Police on 1 July, 2019

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

                                                           1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 01.07.2019

                                                         CORAM

                                   THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.17002 of 2019

                     K.Ramajeyam                                               ... Petitioner

                                                           Vs.

                     The Inspector of Police,
                     Chinnasalem Police Station,
                     Villupuram 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 04.07.2019 at 6.00 pm onwards in connection with the
                     Temple Festival of Sri Mariyamman Thirukovil, New Colony, Rayapanur Village,
                     Chinnasalem Taluk, Villupuram District, by considering the petitioner's
                     representation dated 26.06.2019.
                                        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 04.07.2019 at 6.00 pm onwards in connection with http://www.judis.nic.in 2 the Temple Festival of Sri Mariyamman Thirukovil, New Colony, Rayapanur Village, Chinnasalem Taluk, Villupuram District, by considering the petitioner's representation dated 26.06.2019.

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) Program to be held on 22.07.2019 at 6.00 pm onwards in connection with the Temple Festival of Sri Mariyamman Thirukovil, New Colony, Rayapanur Village, Chinnasalem Taluk, Villupuram District, however with the following conditions:-

(a) The cultural programme in connection with the event of Adal Padal (Song and Dance) Program to be held on 22.07.2019 at 6.00 pm onwards in connection with the Temple Festival of Sri Mariyamman Thirukovil, New Colony, Rayapanur Village, Chinnasalem Taluk, Villupuram District, on 04.07.2019 at http://www.judis.nic.in 3 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.

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

01.07.2019 (2/2) Index :Yes/No Internet:Yes/No jas/rka Note:Issue Order Copy on 03.07.2019 http://www.judis.nic.in 4 N. ANAND VENKATESH,J., jas/rka To

1.The Inspector of Police, Chinnasalem Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.17002 of 2019

01.07.2019 http://www.judis.nic.in