1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16839 of 2011 C.P.Thangachamy Pillai ... Petitioner Vs. State rep.by 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Inspector of Police, Chathirakudi Police Station, Ramanathapuram District. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents herein not to harass the petitioner and his family members and friends under the guise of enquiry and not to prevent the petitioner to enter into the Arulmigu Kumarakadvulur @ Subramaniaswamy Temple, Karuppapillai Mada, Chathirakudi, Ramanathapuram District without due process of law. For Petitioner : Mr.S.Muthal Raj For Respondents : Mr.P.Kannithevan Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the respondents herein not to harass the petitioner and his family members and friends under the guise of enquiry and not to prevent the petitioner to enter into the Arulmigu Kumarakadvulur @ Subramaniaswamy Temple, Karuppapillai Mada, Chathirakudi, Ramanathapuram District without due process of law. 2. Heard Mr.S.Muthal Raj, learned Counsel appearing for the petitioner and Mr.P.Kannaithevan, learned Government Advocate (Criminal side) appearing for the State. 3. According to the submissions made by the learned Counsel for the petitioner, the petitioner was harassed by the respondents police under the guise of enquiry and therefore, the respondents police may be directed to follow the norms to be followed for doing interrogation and suitable orders may be passed for not harassing the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Crl. Side) would submit that on the basis of complaint, the petition enquiry is pending and there is no harassment against the petitioner and if any interrogation is needed by the respondents against the petitioner, the norms which are mentioned in the Judgement of Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610, would be followed in case of interrogation or any further investigation. He would further submit that there will not be any harassment and the enquiry or interrogation would be done in accordance with law. 5. Considering the submissions made on both sides, the police is entitled to investigate the matter by interrogating the petitioners in proper manner. According to the submissions made by the learned Government Advocate, there was no harassment done by the police. He would also state that there will not be any harassment in future also. 6. Recording the statement of the learned Government Advocate (Crl. Side) that the respondents police will not harass the petitioners in future under the guise of any enquiry in respect of the said case, this petition is closed with a direction to the effect that there shall be no harassment to the petitioner on the side of the respondents police and they are to follow the dictum laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. 7. With the above direction, this Petition is disposed of. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Inspector of Police, Chathirakudi Police Station, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.S.Muthalraj, Advocate, Sr.No.45530 gsr ssk/03.01.2012 /5c -2p/- Crl.O.P.(MD)No.16839 of 2011 https://hcservices.ecourts.gov.in/hcservices/