T.Mathivanan v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY T.Mathivanan ... Petitioner Vs.

Deputy Superintendent of Police, Vigilance and Anti corruption, Ranipet District.

Ranipet. (Crime No.4 of 2024).

... Respondent Prayer: Petition filed under Section 528 of B.N.S.S., to direct the Deputy Superintendent of Police, Vigilance and Anti-Corruption, Ranipet District, the respondent to take immediate measures to preserve the CDR of the mobiles numbers 8825709788, 9445200702, 9445048916, 9003111577, 7200438026 and 9442457664 across the mobile network for the period from July 2024 to December 2024.

For Petitioner : Mr.AR.L.Gandhimathi, Senior Counsel for Mr.C.T.Murugappan For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/5

ORDER

This petition is to direct the Deputy Superintendent of Police, Vigilance and Anti Corruption, Ranipet District, to take immediate measures to preserve the CDRs of the mobile numbers 8825709788, 9445200702, 9445048916, 9003111577, 7200438026 and 9442457664.

2. The learned senior counsel appearing for the petitioner, taking this Court to paragraph No. 7 of the application, would submit that the Call Data Records (CDR) details of the above mentioned mobile numbers are to be preserved. According to her, there have been contacts between the defacto complainant/decoy witness, the trap-laying officer, Tahsildar and a SubInspector of Police, namely one Kumar. According to her, they all pre-planned and somehow stage-managed this trap. On account of the trap, they are all inimically disposed against the petitioner, in view of the fact that the petitioner didn't oblige them in reference to the payment of compensation transaction. Further, in order to prove the contacts that are made by the traplaying officer through his own mobile phone, the petitioner also wants preservation of the data from his mobile number. 2/5

3. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent would submit that the data in respect of the petitioner's mobile number can be protected and that would serve the purpose of verifying whether the Trap Laying Officer (TLO) or the other persons had contacted the petitioner or not. The mobile number of the defacto complainant/decoy witness can also be preserved and if the call details come on record, whether the TLO, the other Tahsildar and the said Sub-Inspector were all in contact with the said complainant will also come to know. In that view of the matter, the requisition made with reference to the other numbers of the TLO, Tahsildar, and witness Kumar is not necessary.

5. I have considered the rival submissions made on either side and perused the material records of the case.

6. On a perusal of the First Information Report and the Mahazar, it can be seen that the allegation of the prosecution against the petitioner is that, for the release of compensation and verification, he demanded and accepted a sum of Rs.4,000/- as a bribe from the defacto complainant. A trap was laid and he was caught red-handed. Now, if it is the case of the defence that the version of the prosecution is incorrect and there was prior contact, the mere 3/5

preservation of the call details of the defacto complainant/decoy witness would show whether there were any further contacts with the other witnesses prior to the date of the alleged complaint. Similarly, since it is alleged that the TLO had prior contact with the petitioner herein, his call details can also be preserved. Therefore, the other call details of TLO, other Tahsildar, and other witness are only superfluous.

7. In view thereof, this Criminal Original Petition is partly allowed. The respondent - Deputy Superintendent of Police, Vigilance and Anti Corruption, Ranipet District is directed to preserve the call details of the petitioner for the months of June, July and August of 2024, in respect of the mobile number of the petitioner, T. Mathivanan and the defacto complainant/decoy witness, namely M.Govindaraj.

08.07.2025 nsl To The Deputy Superintendent of Police, Vigilance and Anti corruption, Ranipet District.

Ranipet.

4/5

D.BHARATHA CHAKRAVARTHY, J.

nsl 08.07.2025 5/5