Allowed

S.Karupaiya v. the Inspector of Police

Madras HC23 Apr 2019CRL OP/10618/2019

Case brief

AI extract

What is this about?

This court allowed a criminal original petition under Section 482 CrPC, permitting the petitioner to conduct a cultural programme at a temple festival, dismissing the respondent's reliance on mere apprehension of law and order problems without supporting evidence.

What did the court decide?

Petitioner permitted to conduct cultural programme on 04.05.2019 subject to conditions including payment of Rs.10,000, specified time limits, and prohibition of obscene, political, or communal content

S.Karupaiya Vs the Inspector of Police — Service and Employment | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED 23.04.2019

¶3

CORAM

¶4

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN

¶5

Crl.O.P.No.10618 of 2019

S.Karupaiya

.. Petitioner

Vs.

The Inspector of Police, Thalaivasal Police Station, Athur Taluk, Salem District-636 112. .. Respondent

¶10

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent authority to give police protection and permission to conduct cultural Program (Adal Padal) at Periyari, Indira Nagar village Sri Angala Amman Temple Festival at Salem District on 04.05.2019 by considering the petitioner's representation dated 15.04.2019.

¶11

For Petitioner : Mr.Murugan Raja R.P. For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

¶12

Seeking permission to conduct cultural programme on 04.05.2019, in the event of Periyari, Indira Nagar village Sri Angala Amman Temple Festival at Salem District, the petitioner made a representation dated 15.04.2019 to the respondent. As the same has not been considered, the present Criminal Original petition has been filed.

¶13

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

¶14

The learned Government Advocate (Crl. Side), on instructions, would submit that there is likelihood of arising law and order problem.

¶15

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

¶16

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

¶17

event of Periyari, Indira Nagar village Sri Angala Amman Temple Festival at Salem District, however with the following conditions:-

¶18

(a)The petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as charges, to the respondent Police and on receipt of the same, the respondent Police is directed to issue receipt and proceed further.

¶19

(b) The cultural programme in connection with the event of Periyari, Indira Nagar village Sri Angala Amman Temple Festival at Salem District, shall be conducted on 04.05.2019 between 6.00 p.m. and 10.00 p.m.

¶20

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

¶21

(d) Double meaning songs should not be played so as to spoil the minds of students and youths.

¶22

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

¶23

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

¶24

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

¶25

(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

¶26

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

¶27

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

¶28

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

¶29

Sd/-

¶30

Assistant Registrar (CO)

¶31

//True Copy//

¶32

Sub Assistant Registrar

¶33

rri

¶34

¶35

1.The Inspector of Police, Thalaivasal Police Station, Athur Taluk, Salem District-636 112.

¶36

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

¶37

2.The Public Prosecutor High Court, Madras.

¶38

+1cc to Mr.R.P.Murugan Raja, Advocate, S.R.No. 38570

¶39

Crl.O.P.No.10618 of 2019

¶40

JP(CO) GN(25/04/2019)

¶41

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

S.Karupaiya v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

S.Karupaiya 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

Case details

Similar cases

P.Chellamuthu Vs the State Rep by Its

Packiaraj Vs Suguna

Eswaramoorthi Vs the State Rep by

A.Kalyanithevar Vs the Deputy Superintendent of

S.Kiran, Vs the Deputy Superintendent of

M.Tamilvelan, Vs the Inspector of Police