T.Mahendran v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.18270 of 2020 T.Mahendran

...Petitioner

.Vs.

The State rep.by The Inspector of Police, Moolanur Police Station, Moolanur, Tiruppur District.

...Respondent

(Crime No.698 of 2020) PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to immediately procure all the government and private CCTV recordings which are present at scene of crime in FIR No.698/2020, on the file of the Inspector of Police, Moolanur Police Station, Moolanur, Tirupur District.

For Petitioner : Mr.S.Varanesh For Respondent : Mr.M.Mohamed Riyaz (Crl.Side)Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for a direction to the respondent Police to secure the CCTV footages near the accident site in the course of investigation in Cr.No.698/2020.

2.A Status Report has been filed by the respondent Police and the relevant portions in the Status Report is extracted hereunder:

"4.I submit that based on the above said complaint, a case was registered in Moolanur Police Station in Cr.No.698/2020 u/s.279 IPC against unknown accused on 30.09.2020 at about 18.30 hours by Tr.Boobathy, HC-1513 and submitted to Tr.Natarajan, Sub Inspector of Police for investigation.

5.I submit that the Sub Inspector of Police went to scene of occurrence, drew rough sketch and prepared observation mahazar in the presence of witnesses Tr.Ashok Kumar and Tr.Subramani and recorded their statement.

6.I submit that the Sub Inspector of Police examined the injured persons viz., (i) Tr.Mahendran-de facto complainant.

(ii) Tmt.Soundira Rani-Wife of de facto complainant.

(iii) Tr.Minnal ; (iv) Tr.Orange; (v) Tr.Gopi - Relatives of de facto complainant. All the above said witnesses statement were recorded. All of them corroborated the same version made in complaint.

7.I submit that the Sub Inspector of Police examined nearby occurrence place witnesses and recorded their statement, which reveals that no clue was obtained.

8.I submit that the Sub Inspector of Police received wound certificate for the injured persons, which reveals that they were suffered simply injury. 9.I submit that in order to trace the accident vehicle, the sub Inspector of Police formed a special team Tr.Boobathy-HC 1513 & Tr.MarimuthuGr.1-818 and they are still searching and conducted enquiry about the accident nearby villages and town (occurrence place). The case is still under investigation.

(i) to examine the witnesses in order to know the real facts of the case.

(ii) to trace the accidental vehicle and driver of the said vehicle.

(iii) to obtain would certificate for bullock card, after treatment the said bullock cart is safe.

After completion of all the above said aspects, soon i will complete the investigation. 10.I submit that, the Sub Inspector of Police conducting the investigation in a fair, free and impartial manner in accordance with law. All the mandatory provisions have been complied. The case is under investigation as stated supra".

3.Heard Mr.S.Varanesh, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for respondent.

4.Taking into consideration the facts and circumstances of the case and also the Status Report filed by the respondent Police, there shall be a direction to the respondent Police to take all measures to find out the offending vehicle which caused the accident and the investigation shall be completed as expeditiously as possible and a Final Report shall be filed before the concerned Court. The undertaking given by the respondent Police in the Status Report is also taken note of by this Court.

5.This criminal original petition is disposed of with the above directions.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar KP

To 1.The Inspector of Police, Moolanur Police Station, Moolanur, Tiruppur District.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18270 of 2020 GPL(CO) KP(12/02/2021)