Allowed

M.Yuvaraj v. State Rep by

Madras HC9 Jan 2020CRL OP/425/2020

Case brief

AI extract

What is this about?

This petition was filed under Section 482 CrPC to direct the respondent to grant permission for a cultural programme during a temple festival. The Court held that mere apprehension of law and order is insufficient to reject the application and allowed the petition subject to conditions ensuring communal harmony and prohibition of obscene or political content.

What did the court decide?

The petitioner is permitted to conduct the cultural programme on 15.01.2020 & 16.01.2020 from 06.00 p.m. to 11.00 p.m., subject to specified conditions regarding content, payment of Rs. 10,000 for pol

M.Yuvaraj Vs State Rep by — Public Procurement and Tenders | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 09.01.2020 CORAM THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.425 of 2020

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M.Yuvaraj ... Petitioner

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Vs.

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State Rep. by The Inspector of Police, Tiruchengode Rural Police Station, Karattupalayam, Namakkal District.

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... Respondent

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PRAYER: Criminal Original Petition filed under Section 482 of the 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 Devanankurichi Arulmigu Sree Athanuramman, Pacha Nachiamman & Periya Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 15.01.2020 & 16.01.2020 between 06.00 P.M. to 11.00 P.M. by considering the petitioner's representation dated 04.01.2020.

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For Petitioner : Mr.A.Sathishkumar

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For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

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O R D E R

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This 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 Devanankurichi Arulmigu Sree Athanuramman, Pacha Nachiamman & Periya Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District on 15.01.2020 & 16.01.2020 between 06.00 P.M. to 11.00 P.M. by considering the petitioner's representation dated 04.01.2020.

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

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

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

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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 “Devanankurichi Arulmigu Sree Athanuramman, Pacha Nachiamman & Periya Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District”, however with the following conditions:-

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(a) The cultural programme in connection with the event of “Devanankurichi Arulmigu Sree Athanuramman, Pacha Nachiamman & Periya Mariamman Temple Festival at Tiruchengode Taluk, Namakkal District”, on 15.01.2020 & 16.01.2020 from 06.00 p.m. to 11.00 p.m.

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(b) The petitioner shall pay a cost of Rs.10,000/- (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 spoil the minds of students and youths.

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(e) No dance or songs, touching upon any political 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 communal leader, shall be erected at the premises of the programme.

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(g) The function shall not affect either religious or 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 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 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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https://hcservices.ecourts.gov.in/hcservices/

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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 II)

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//True Copy//

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Sub Assistant Registrar

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vv/ah

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1.The Inspector of Police, Tiruchengode Rural Police Station, Karattupalayam, Namakkal District. 2.The Public Prosecutor, Madras High Court, Chennai.

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+1cc to Mr.A.Sathishkumar, Advocate sr.2366

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CRL.O.P.No.425 of 2020

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nr 10/01/2020

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3/3

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

M.Yuvaraj v. State Rep by

Case brief

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What did the court decide?

M.Yuvaraj v. State Rep by

Case brief

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