1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.6530 of 2011 A.Maadavi ... Petitioner Vs. The Inspector of Police, Palaiyanur Police Station, Manamadurai Taluk, Sivagangai District. ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent herein not to harass the petitioner. For Petitioner : Mr.S.Veeranasamy For Respondent : Mr.S.Prabha, Govt. Advocate (Criminal side) O R D E R This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner's son on the basis of the complaint given by one Kayambu. 2. Heard Mr.S.Veerasamy, learned counsel appearing for the petitioner and Ms.S.Prabha, learned Government Advocate (Criminal side) appearing for the respondent. 3. The learned counsel for the petitioner would submit that the petitioner's son was put in unlawful custody by the respondent Police on the basis of the complaint given by one Kayambu regarding money dispute. Though there was no criminality in the said complaint, the petitioner's son Balamurugan was kept in custody and was harassed to settle the amount to the complainant. He would further submit it is a civil dispute and the Police cannot harass the petitioner's son. Therefore, suitable orders may be passed directing the Police not to harass the petitioner's son and his family members. 4. The learned Government Advocate (criminal side) would submit that there was a complaint given by one Kayambu and it is pending enquiry before the respondent Police and there is no unlawful custody or harassment done by the police and the petitioner's son was enquired in accordance with law and therefore, there is no question of harassment. 5. Recording the submission made by the learned Government Advocate (criminal side), this Court is inclined to direct the respondent that there should not be any harassment while examining the petitioner's son https://hcservices.ecourts.gov.in/hcservices/ 2 or any other persons against whom any complaint has been filed and the respondent Police is also directed to follow the principles laid down in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 in respect of the conduct of any enquiry or investigation on a complaint filed against any accused. 6.With the aforesaid directions, this petition is disposed of. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Inspector of Police, Palaiyanur Police Station, Manamadurai Taluk, Sivagangai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.S.Veeranasamy, Advocate, SR No.17169 Crl.O.P.(MD)No.6530 of 2011 02.06.2011 gcg RJ/8.6.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/