Thukilan. K v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2024
CORAM
THE HON'BLE MR.JUSTICE P.VADAMALAI K.Thukilan ... Petitioner Vs 1.The Commissioner of Police Office of the Commissioner of Police, Azhagar Kovil Main Road, K.Pudur, Madurai.
2.The Inspector of Police Thallakulam Police Station, Madurari City.
3.The Inspector of Police TIW-II, Thallakulam, Madurai City, (In Crime No.105 of 2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to preserve the CCTV footage recorded at the Traffic outpost at 1/6
Valar Nagar junction near Uthangudi in Madurai District that was recorded between 2 p.m. and 4 p.m. on 08.04.2024 consequently directing the respondents to provide two copies of the video footage recorded with 65-B Certificate in accordance with law .
For Petitioner : Mr.S.Malaikani For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
O R D E R
The petitioner has filed this Writ Petition seeking for a Writ of Mandamus, to direct the respondents to preserve the CCTV footage recorded at the Traffic outpost at Valar Nagar junction, near Uthangudi in Madurai District that was recorded between 2 p.m. and 4 p.m. on 08.04.2024 consequently, to direct the respondents to provide two copies of the video footage recorded with 65-B Certificate in accordance with law. 2.The learned counsel for the petitioner submitted that on 08.04.2023 while the petitioner was driving his auto near Valar Nagar Junction, around 3.00 p.m. he met with an accident, in which one Rabik Raja was injured and he was taken to hospital. The petitioner was arrested 2/6
on 10.04.2024 stating that FIR in Crime No.105 of 2024 has been registered on the file of the third respondent for the alleged offences under Sections 279 and 304(2) IPC. The petitioner's father had sent a representation dated 18.04.2023 to the respondents requesting them to preserve the video footage recorded at the aforesaid places. But so far, there is no response from the respondent and hence, the petitioner has filed the present Writ Petition.
3. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor, who takes notice on behalf of the respondents, on instructions, submits that the CCTV footages have already been preserved and the same will be filed at the time of filing the final report, after obtaining 65-B certificate.
4. The said submission of the learned Additional Public Prosecutor is placed on record.
5. In view of the same, this Writ Petition is disposed of with a direction to the respondents to preserve the CCTV footage recorded at the Traffic outpost at Valar Nagar junction, near Uthangudi in Madurai District 3/6
that was recorded between 2 p.m. and 4 p.m. on 08.04.2024. There shall be no order as to costs.
16.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No RM Note: Issue order copy by 17.05.2024.
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To 1.The Commissioner of Police Office of the Commissioner of Police, Azhagar Kovil Main Road, K.Pudur, Madurai.
2.The Inspector of Police Thallakulam Police Station, Madurari City.
3.The Inspector of Police TIW-II, Thallakulam, Madurai City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.VADAMALAI , J.
RM ORDER IN 16.05.2024 6/6