Madras High Court
E.Murugavel vs State Rep. By on 25 February, 2020
Author: P.Rajamanickam
Bench: P.Rajamanickam
Crl.OP.No.4015 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.02.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
CRL.O.P.No.4015 of 2020
E.Murugavel ... Petitioner
Vs.
1. State rep. by
The Inspector of Police,
Dharamangalam Police Station,
Salem District.
2. The Sub Inspector of Police,
Tholasampalayam Police Station,
Salem District. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the respondents to give police
protection and permission on 27.02.2020 at about 6.00 P.M to
11.00 P.M to conduct Gramiya Culture & Dance programme at
Boothanur Sri Manjakattu Mariyamman Kovil, at Periyaripatti Village,
Omalur Taluk, Salem District by considering the petitioner's
representation dated 19.02.2020.
For Petitioner : Mr.W.Camyles Gandhi
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
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Crl.OP.No.4015 of 2020
ORDER
This petition has been filed to direct the respondents to give police protection and permission on 27.02.2020 at about 6.00 P.M to 11.00 P.M to conduct Gramiya Culture & Dance programme at Boothanur Sri Manjakattu Mariyamman Kovil, at Periyaripatti Village, Omalur Taluk, Salem District by considering the petitioner's representation dated 19.02.2020.
2. Heard the learned counsel appearing 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 “Boothanur Sri Manjakattu Mariyamman Kovil”, at Periyaripatti Village, Omalur Taluk, Salem District, however with the following conditions:-
(a) The cultural programme in connection with the event of “ Boothanur Sri Manjakattu Mariyamman Kovil Festival” shall be conducted on 27.02.2020 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 respondents police towards police protection.2/5
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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 respondents are directed to issue necessary permission, incorporating the above conditions.
5.With the above directions, this Criminal Original Petition stands disposed of.
25.02.2020 Index:yes/No Speaking order/Non-speaking order ebsi 3/5 http://www.judis.nic.in Crl.OP.No.4015 of 2020 Note: Issue order copy on or before 25.02.2020 P.RAJAMANICKAM.J., ebsi To
1.The Inspector of Police, Dharamangalam Police Station, Salem District.
2. The Sub Inspector of Police, Tholasampalayam Police Station, Salem District.
3. The Public Prosecutor, Madras High Court, Chennai.
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