Ajin v. The State Rep. By Its,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.04.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl(MD)No.1749 of 2026 Ajin ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

3.Godwin Noble ... Respondents PRAYER :-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing 2nd respondent to take appropriate action and dispose petitioner's complaint dated 06.03.2026. For Petitioner : Mr.S.Jebastin For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate(crl.side) For R3 : Mr.E.J.Daniel Robinson 1/6

ORDER

Seeking to direct the 2nd respondent to take appropriate action and dispose of the petitioner's complaint, dated 06.03.2026, this writ petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner is studying second year Diploma in Mechanical Engineering at CSI Polytechnic College at Vericode, Kanyakumari District. On 21.02.2026 at about 12.00 noon, while the petitioner was riding his two wheeler bike bearing Registration No.TN 75 AU 3362 PULSER S 160 along with his friend Akash as a pillion rider, while passing near the RS second hand scrap shop at Maamootukadai to Mathandam road, one red colour Maruthi Suzuki Alto car, which came from the opposite direction, had dashed the two wheeler and had caused the accident. As a result of which, the petitioner's friend Akash had fallen down and passed away. In this regard, a complaint was given on 06.03.2026. However, the same was not acted upon by the 2nd respondent police. Hence, this petition.

3. The learned Government Advocate(Crl.side) categorically contended that the entire narrative of the petition is completely false. It is only because of 2/6

the rash and negligent driving of the petitioner, the petitioner had fallen down by his own act. As a result of which, the pillion rider also fell down, sustaining grievous injury, who later passed away. In this regard, already a First Information Report in Crime No.100 of 2026 has been registered and there is no point of altering the same and the matter is still under consideration. The postmortem report is awaited.

4. The learned counsel for the 3rd respondent Mr.E.J.Daniel Robinson intervened submitting that the 3rd respondent who is implicated in this case by the petitioner to point fingers on him that he had actually caused the accident is quite ridiculous, because the said 3rd respondent had passed away as early as on 29.01.2022 itself and he placed before me the Death Certificate of the 3rd respondent.

5. Per contra, the learned counsel for the petitioner submitted that CCTV footage is available and it is necessary to find out as to who had actually driven the said red colour Maruthi Suzuki Alto car which came in the opposite direction.

6. The learned counsel for the 3rd respondent placed before me a CCTV 3/6

footage which has captured the accident live.

7. Heard the learned counsels on either side and carefully perused the materials available on record.

8. The learned Government Advocate (Crl.side) submitted that already the police have a copy of the said CCTV footage. In this regard, since the investigation is still pending, the 2nd respondent police is directed to consider the available CCTV footage and conclude the investigation within a period of four (4) weeks from the date of receipt of copy of this order.

9. With the above directions, this Writ Petition stands disposed of. No costs.

01.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, 4/6

Kanyakumari District.

2.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI,J gbg W.P.Crl(MD)No.1749 of 2026 01.04.2026 6/6