1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).1556 of 2011 Mohammed Hyder Ali ... Petitioner Vs. 1. The Superintendent of Police, Trichirappalli District, Trichirappallai. 2. The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent not to harass the petitioner in the name of enquiry by considering the representations given by the petitioner, dated 02.02.2011. For Petitioner : Mr.N.Sathish Babu For Respondents : Mrs.S.Devasena Govt. Advocate (Crl.Side) O R D E R This petition has been filed for a direction to the second respondent not to harass the petitioner in the name of enquiry, by considering the representations given by the petitioner, dated 02.02.2011. 2. The learned Government Advocate (Crl.side) would submit in her argument that H.C.P. is pending for production of the body of Nargis, D/o. Mohammed Jinna is the elder brother of the petitioner herein and Non-Bailable Warrant is pending against Mohamed Saleem @ Mohammed Ali Jinna and not against the petitioner and his presence may be required for interrogation in respect of the case registered for missing of the said Nargis. She would also submit in her argument that the police will conduct enquiry only in accordance with the principles laid down by the Honourable Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. Therefore, there cannot be any harassment against the petitioner and there is no harassment against the petitioner. 3. Recording the submissions of the learned Government Advocate (Crl.side), the petitioner is directed to co-operate with the investigation of the case by submitting himself for interrogation by the second respondent police and the second respondent police investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. If really, the police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner shall appear before the police and submit himself for interrogation. The petitioner is https://hcservices.ecourts.gov.in/hcservices/ 2 also permitted to take the assistance of the Advocate to the limited extent as found envisaged in the precedent cited supra. With the aforesaid direction, this petition is ordered. Sd/- Deputy Registrar (L.A) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, Trichirappalli District, Trichirappallai. 2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 cc to Mr.N.Sathish Babu, Advocate, SR No.9110 Crl.O.P.(MD)No.1556 of 2011 17.02.2011 akv RJ/2.3.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/