T.Venkatesan v. The State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. T.Venkatesan S/o. Malaipillai, Nerupandakupam Village, H. Agaharam Post, Harur Taluk, Dharmapuri District.

2. V. Kathirvel S/o. Velayutham, Nambipatti Village, H. Agaharam Post, Harur Taluk, Dharmapuri District.

Petitioner(s) Vs

1. The State by The Inspector of Police Harur Police Station, Dharmapuri District.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to set aside the order dated 09.05.2025 in Crl.MP.No.172 of 2025 on the file of the Learned Judicial Magistrate Court, Harur.

For Petitioner(s):

M/s.B.Mohan

For Respondent(s):

Mr.R.Vinodhraja, Government Advocate [Crl.Side]

ORDER

Challenging the dismissal of the petition filed by the petitioner under section 94 of BNSS seeking protection of the CCTV footages from the specified location, the present Criminal Original Petition has been filed.

2. The case of the prosecution is that on the date of occurrence, when the defacto complainant along with his friend had went to the house of one Vasuki, at that time, three unknown persons came to the house and introduced themselves as CBCID police and demanded a sum of Rs.5 lakhs and on the same day, when the defacto complainant was in the petitioners' shop, he had given a sum of Rs.5 lakhs to the above said unknown persons. Hence, the defacto complainant had lodged the present complaint. The contention of the petitioners is that though the petitioners were arrested on 05.04.2025 at about 1.00 p.m., they have been taken to several places and were also assaulted and

tortured by the respondent and they were remanded to judicial custody only on 06.04.2025. Therefore, the petitioners had filed a petition before the trial Court to preserve the CCTV footages to prove actual date and time of arrest of the petitioners. The trial Court had dismissed the petition on the ground that as the investigation is pending and the relevance of the CCTV footages is only at the defence stage and their claim is premature at this stage.

3. It is relevant to note that the investigation is at the initial stage. Hence, this Court is of the view that trial Court had rightly dismissed the petition as preservation of CCTV footages do not arise at this stage. In such view of the matter let the respondent conduct Investigation in a fair manner and to recover the CCTV footages and produce before the Court concerned.

4. With the above observations, this Criminal Original Petition is dismissed.

17-10-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. The Judicial Magistrate, Harur.

2.The The Inspector of Police Harur Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

vrc 17-10-2025