Allowed

T.Gopal v. the Inspector of Police

Madras HC16 Apr 2019CRL OP/10435/2019

Case brief

AI extract

What is this about?

In this Criminal Original Petition filed under Section 482 Cr.P.C., the petitioner sought police protection and permission to conduct a cultural programme during a temple festival. The Court held that mere apprehension is insufficient to deny permission and allowed the Petition, directing the Police to issue a permit subject to eight conditions prohibiting obscenity, politics, and communal remarks

What did the court decide?

Petition allowed; directions issued to give police protection and permission to conduct the cultural programme subject to eight specific conditions.

T.Gopal Vs the Inspector of Police — Public Procurement and Tenders | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.04.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.10435 of 2019

T.Gopal

... Petitioner

The Inspector of Police, Kandikuppam Police Station, Kandikuppam, Krishnagiri District. ... Respondent

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Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent authority to give police protection and permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Madepalli Village, Gandhi Nagar Arulmigu Sree Kundi Mariamman Temple Festival at Bargur Taluk, Krishnagiri District on 20.04.2019 between 06.00 PM to 11.00 PM by considering the petitioner's representation dated 12.04.2019.

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For Petitioner : Mr.A.Sathishkumar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor O R D E R

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This Criminal Original Petition has been filed to direct the respondent authority to give police protection and permission to conduct cultural programme (Adal Padal Nigalchi) in the event of Madepalli Village, Gandhi Nagar Arulmigu Sree Mundi Mariamman Temple Festival at Bargur Taluk, Krishnagiri District on 20.04.2019 between 06.00 PM to 11.00 PM by considering the petitioner's representation dated 12.04.2019.

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

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3.The learned Additional Public Prosecutor on instructions, would submit that there is likelihood of arising law and order problem.

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https://hcservices.ecourts.gov.in/hcservices/

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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 Madepalli Village, Gandhi Nagar Arulmigu Sree Mundi Mariamman Temple Festival at Bargur Taluk, Krishnagiri District however with the following conditions:-

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(a) The cultural programme in connection with the event of Madepalli Village, Gandhi Nagar Arulmigu Sree Mundi Mariamman Temple Festival at Bargur Taluk, Krishnagiri District shall be conducted on 20.04.2019 between 06.00 PM to 11.00 PM.

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(b)There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

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(d) No dance or songs, touching upon any political party or religion or community or caste shall be played.

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(e) No flex boards in support of any political party or communal leader, shall be erected at the premises of the programme.

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(f) The function shall not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

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(g) 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

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(h) Similarly, the police is directed to stop the dance programme, if it is played beyond the permitted time limit.

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(i) The respondent is directed to issue necessary permission, incorporating the above conditions.

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

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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rna

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https://hcservices.ecourts.gov.in/hcservices/

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The Inspector of Police, Kandikuppam Police Station, Kandikuppam,

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Krishnagiri District.

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.A.Sathishkumar , Advocate, S.R.No.37864

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Crl.O.P.No.10435 of 2019
RV(CO)
CS/16/04/2019

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https://hcservices.ecourts.gov.in/hcservices/

T.Gopal v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

T.Gopal v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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