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Madras High CourtWP Crl./946/2026dismissed

Karun Sivadas v. Commissioner Of Police

2026-06-16Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN and WPMP Crl.No.311 of 2026 Karun Sivadas S/o. Sivadas ..Petitioner(s) Vs

1. Commissioner of Police The Greater Chennai, No.132, EVK Sampath Road, Vepery, Periyamet, Chennai Tamil Nadu 600 007.

2. Station House Officer K.G. Chavady Police Station, NH 544, Madukkari, Coimbatore District, Tamil Nadu, Pin 641 112.

3. Director General of Police Post Box No.601, Dr. Radhakrishnan Salai, Mylapore, Chennai-600 004.

4. Superintendent of Police State Bank Road, Gopalapuram, Coimbatore Tamil Nadu 641 018.

..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, (i) directing the respondents 2, 3 and 4 to consider the Representations preferred by the Petitioner and to take immediate and appropriate action against the erring police officials responsible for the

illegal detention, harassment, and custodial violence inflicted upon the Petitioner. (ii) praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to ensure the preservation and production of all CCTV footage evidencing the illegal custody, harassment, and custodial violence inflicted upon the Petitioner by the Police officers concerned as mentioned in paragraph four of this petition.

For Petitioner(s):

Mr.Krishna Rajendran For Respondent(s):

Mr.R.Ganesh Kumar Government Advocate (Crl. Side)

ORDER

The Writ Petition has been filed for a direction, directing the respondents 2 to 4 to consider the petitioner's representation, seeking appropriate action against the erring police officials responsible for the illegal detention, harassment and custodial violence inflicted upon the petitioner. The petitioner has also sought for a direction to the respondents 2 and 3 to ensure preservation and production of CCTV footage evidencing the illegal custody, harassment, and custodial violence inflicted upon the petitioner by the police officers concerned.

2.It is the case of the petitioner that on 04.08.2025, while he was travelling in his car to attend a function scheduled to be held two days later at his wife's residence, he was carrying gold ornaments belonging to his wife along with other gift packets. While proceeding in his car, his car was intercepted on the allegation that the petitioner involved in a crime. They have

further stated that the petitioner has been committed gold robbery in Coimbatore and made a search. Thereafter, the petitioner was taken to the Maradu Police Station along with his vehicle. He was detained there and the police officers also prepared to encounter the petitioner. He was not allowed to meet any of his relatives. Thereafter, they handed over the petitioner to the Tamil Nadu Police without following due process of law. 3.It is his further case that thereafter, on 04.08.2025, during night hours, the petitioner was transported to the 'Prime Palace' Lodge, Ernakulam. Thereafter, on 05.08.2025, the petitioner was transported to some other place and thereafter forcibly transported to Coimbatore in his own vehicle. Finally, he was brought to K.G.Chavady Police Station and he has been implicated as an accused in Crime No.85 of 2025.

Thereafter, he was produced before the learned Judicial Magistrate, Madhukkarai, Coimbatore and stated that no gold or valuables had been seized from the petitioner. These incidents are clearly recorded in the CCTV footages. Therefore, the petitioner lodged a complaint seeking direction to take appropriate action as against the erred police officials causing illegal detention and also directed to preserve the CCTV footage. 4.On a perusal of the status report filed by the 2nd respondent, it reveals that the petitioner is arrayed as a second accused in Crime No.85 of 2025, registered for the offences under Section 140(2), 310(2) of BNS, 2023.

complaint lodged by one Jason Jacob dated 14.06.2025, alleging that the complainant is doing jewel making business at Tirussur and the 8th accused was working under him. The 8th accused and the complainant used to start from Tirussur on Monday and Thursday to deliver the jewels in Chennai. They would leave the car in Coimbatore and went to Chennai by train and they would arrive at Coimbatore on every Wednesday and Saturday and return to Tirussur by car. While being so, on 12.06.2025 when they reached Chennai after delivering the jewels on 13.06.2025, they purchased 1.250 kg of gold bullion and came to Coimbatore by Cheran Express. Thereafter, they took their car and travelling towards Tirussur. When they were near Ettimadai, their car was stopped by a lorry surrounding five persons. They were attacked by them and robbed 1.

250 kg gold bullion and 2 sovereign gold chain from the complainant. After registration of F.I.R, the 2nd accused was arrested and his confession statement was recorded on 06.08.2025. A sum of Rs.10,000/- was also seized from the petitioner and thereafter he was remanded to judicial custody. After investigation, the offences were also altered to one under Section 140(2), 310(2), 311, 111, 111(2)(b) BNS, 2023 on 18.01.2026. After his remand, he was taken into police custody and his confession was recorded. On the strength of the confession, other accused were also arrested and totally 14 accused have involved in this case.

5.That apart, if any attack is made on the petitioner, it will be informed to

the concerned jurisdictional Magistrate while he was remanded to judicial custody. No such statement was recorded from the petitioner and no records to show that the petitioner was illegally detained and he was brutally attacked by the police officials. The petitioner is being an accused, in order to escape from the clutches of law, has submitted a representation. 6.In view of the above, the present Writ Petition filed to consider his representation cannot be sustained as this Court considers that this Writ Petition itself is devoid of merit and is liable to be dismissed. 7.This Writ Petition stands dismissed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. 16-06-2026 Index: Yes/No Speaking/Non-speaking order kas To.

1. Commissioner of Police The Greater Chennai, No.132, EVK Sampath Road, Vepery, Periyamet, Chennai.

Tamil Nadu 600 007.

G.K.ILANTHIRAIYAN, J.

kas

2. Station House Officer K.G. Chavady Police Station, NH 544, Madukkari, Coimbatore District, Tamil Nadu, Pin 641 112.

3. Director General of Police Post Box No.601, Dr. Radhakrishnan Salai, Mylapore, Chennai-600 004.

4. Superintendent of Police State Bank Road, Gopalapuram, Coimbatore, Tamil Nadu 641 018.

and WPMP Crl.No.311 of 2026 16-06-2026