1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16209 of 2011 K.Selvam ... Petitioner Vs. 1.The Commissioner of Police, Madurai City, Madurai. 2.The Sub-Inspector of Police,(Crimes) S.S.Colony Police Station, Madurai District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the first respondent to instruct the second respondent not to harass the petitioner without any legally sustainable complaint and to abide by the guidelines in D.K.Basu case reported in 1977 (1) SCC page 916. For Petitioner :: Mr.Siva Ayyappan For Respondents :: Mr.P.Kannaithevan, Govt. Advocate (Crl.side) O R D E R This petition has been filed to direct the first respondent to instruct the second respondent not to harass the petitioner without any legally sustainable complaint and to abide by the guidelines in D.K.Basu case reported in 1977 (1) SCC page 916. 2. Heard Mr.Siva Ayyappan, learned Counsel for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Crl. Side) appearing on behalf of the respondents. 3. According to the submissions made by the learned Counsel for the petitioner, the petitioner was harassed by the second respondent police under the guise of enquiry and therefore, the second respondent 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 there is no harassment against the petitioner https://hcservices.ecourts.gov.in/hcservices/ 2 and if any interrogation is needed by the second 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. 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 second 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. 7. With the above direction, this Petition is closed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Sub-Inspector of Police,(Crimes) S.S.Colony Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Gsr ssk/21.12.2011 /4c -2p/- Crl.O.P.(MD)No.16209 of 2011 15.12.2011 https://hcservices.ecourts.gov.in/hcservices/