BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.14915 of 2011 Kaliappan :petitioner -Vs- State rep. By The Inspector of Police, District Crime Branch, Special Wing for Land Grabbing, Theni. :Respondent PRAYER:Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police not to harass the petitioner under the guise of enquiry without due process of law. For petitioner : Mr.S.Deenadhayalan For Respondents: Mr.P.Kannithevan,Government Advocate (Crl. Side) ORDER This petition has been filed to direct the respondent police not to harass the petitioner under the guise of enquiry without due process of law. 2.Heard Mr.S.Deenadhayalan, learned counsel for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Crl. Side) appearing on behalf of the respondent. 3.According to the submissions made by the learned counsel for the petitioner, the petitioner was harassed by the respondent police under the guise of enquiry and therefore, the respondents may be directed to follow the norms to be followed for doing interrogation and suitable orders may be passed for not harassing the petitioner. 4.The learned Government Advocate (Crl. Side) would submit in his argument that the petitioner did not co-operate with the enquiry and there is no harassment against the petitioner and if any interrogation is needed by the respondent 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.The learned counsel appearing for the petitioner would submit that the petitioner is ready to co-operate with the enquiry. 6.Considering the submissions made on both sides, the police is entitled to investigate the matter by interrogating the petitioner 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. 7.Recording the statement of the learned Government Advocate (Crl Side) that the respondent police will not harass the petitioner 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 respondent 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. 8.With the above direction, this Petition is closed. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To:1.The Inspector of Police,District Crime Branch, Special Wing for Land Grabbing, Theni. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. RP/29.11.11/1P/3C. Crl.O.P.(MD).No.14915 of 2011,17.11.2011. https://hcservices.ecourts.gov.in/hcservices/