1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.O.P.(MD).No.10559 of 2011 1.B.Dicarthus 2.Virgin Mary : Petitioners Vs. 1.The State of Tamil Nadu, Rep.by the Deputy Superintendent of Police, District Crime Branch, Kanayakumari District at Nagercoil. 2.S.Joseph Stephen. : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the first respondent not to harass the petitioners and their family members on the strength of the frivolous complaint of the second respondent. For Petitioners : Mr.C.K.M.Appaji For Respondents : Mr.P.Kannidevan Govt.Advocate O R D E R *********** In this Criminal Original Petition, the petitioners have come up seeking a direction to the respondent – police not to harass them under the guise of investigation or enquiry on a complaint made against them. 2. The learned Government Advocate, per contra, would submit that the respondent – police shall not harass the petitioners in any manner. The said statement made by the learned Government Advocate is recorded. 3. In my considered view, no one can be harassed under the guise of investigation or enquiry by the police, which does not require any direction from this Court. As a matter of fact, the Hon'ble Supreme Court in D.K.Basu vs. State of West Bengal reported in AIR 1997 SC 610 has issued certain directions as to how the accused should be treated by the police while he is in custody and while he is interrogated during investigation or enquiry. 4. Having regard to the rival submissions, more particularly, the statement made by the learned Government Advocate that the respondent – police shall not harass the petitioners, I am hopeful that the respondent – police shall not harass the petitioners. Except making the above said observation, there is no need to issue any specific direction in this regard. https://hcservices.ecourts.gov.in/hcservices/ 2 In such view of the matter, the Criminal Original Petition is disposed of with the above observation. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Deputy Superintendent of Police, District Crime Branch, Kanayakumari District at Nagercoil. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.C.K.M.Appaji, Advocate, SR No.36142 + 1 cc to Mr.M.P.Senthil, Advocate, SR No.36017 ORDER MADE IN CRL.O.P.(MD).No.10559 of 2011 18.10.2011 gsr RJ/3.11.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/