Allowed

S.Manoharan v. State Rep. by

Madras HC8 Jan 2020CRL OP/35/2020

Case brief

AI extract

What is this about?

In a criminal original petition under Section 482 CrPC, the Madras High Court directed the police to permit a cultural programme at a temple festival, rejecting the prosecution's apprehension of law and order as insufficient material, subject to strict conditions regarding content and timing.

What did the court decide?

Directed the respondent police to grant permission for the cultural programme on specified terms and to issue the necessary permission incorporating the imposed conditions.

S.Manoharan Vs State Rep. by — Service and Employment | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.01.2020

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CORAM

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THE HON'BLE MR.JUSTICE P.RAJAMANICKAM

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Crl.O.P.No. 35 of 2020

S.Manoharan

...Petitioner

-Vs-

State Represented by The Inspector of Police, Melpadi Police Station, Melpadi, Vellore District. ... Respondent

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Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent authority to give police protection and permission to conduct Cultural Programme (Adal Padal Nigalchi) in the event of Chinna Ramanathapuram Arulmigu Sree Ponniamman & Sakthiamman Temple Festival at Katpadi Taluk, Vellore District on 25/01/2020 between 6.00 pm to 11.00 pm by considering the petitioner's representation dated 30.12.2019.

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For Petitioner : Mr.A.Sathish Kumar

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For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

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ORDER

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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 Chinna Ramanathapuram Arulmigu Sree Ponniamman & Sakthiamman Temple Festival at Katpadi Taluk, Vellore District on 25/01/2020 between 6.00 pm to 11.00 pm by considering the petitioner's representation dated 30.12.2019.

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

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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/ 1

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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 " Chinna Ramanathapuram Arulmigu Sree Ponniamman & Sakthiamman Temple Festival at Katpadi Taluk, Vellore District ", however with the following conditions:-

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(a) The cultural programme in connection with the event of "Chinna Ramanathapuram Arulmigu Sree Ponniamman & Sakthiamman Temple Festival at Katpadi Taluk, Vellore District" shall be conducted on 25/01/2020 between 6.00 pm to 11.00 pm.

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(b) The petitioner shall pay a cost of Rs.10,000/-

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(Rupees Ten Thousand only) to the respondent police towards police protection.

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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.

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(d) Double meaning songs should not be played so as to

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spoil the minds of students and youths.

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(e) No dance or songs, touching upon any political

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party or religion or community or caste shall be played.

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(f) No flex boards in support of any political party or

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communal leader, shall be erected at the premises of the programme.

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(g) The function shall not affect either religious or

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communal harmony and shall be conducted without any discrimination based on caste.

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(h) If there is violation of any one of the conditions

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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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(i) Similarly, the police is directed to stop the dance

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programme, if it is played beyond the permitted time limit.

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

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6.With the above directions, this Criminal Original

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Petition is disposed of.

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Sd/-

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Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar

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mfa

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

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The Inspector of Police, Melpadi Police Station, Melpadi, Vellore District

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.A.Sathishkumar, Advocate SR.1996 dt.8/1/2020

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Crl.O.P.No.35 of 2020

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AD(CO) CB(10/01/2020)

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

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S.Manoharan v. State Rep. by

Case brief

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S.Manoharan v. State Rep. by

Case brief

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