Vijay@ Ramaiah v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 18.08.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN Vijay @ Ramaiah ... Petitioner Vs.
1.The Superintendent of Police, Pudukottai District, Pudukottai.
2.The Deputy Superintendent of Police, Pudukottai District, Pudukottai.
3.The Inspector of Police, All Women Police Station, Thirumayam, Pudukottai District.
4.Usharani 5.Karthika ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent forthwith to secure and preserve the CCTV footages recorded on 20.05.2021, at Hotel Anjappar, Ponnamaravathi, pudukottai District, in connection with Crime No.6 of 2021, on the file of the third respondent and consequently direct the respondents to cnduct fair and impartial investigation, on the basis of the above materials.
For Petitioner : Mr.M.Rajarajan For R1 to R3 : Mr.R.M.Anbunithi, Additional Public Prosecutor
O R D E R
This Writ Petition is filed seeking direction to direct the third respondent forthwith to secure and preserve the CCTV footages recorded on 20.05.2021, at Hotel Anjappar, Ponnamaravathi, pudukottai District, in connection with Crime No.6 of 2021, on the file of the third respondent and consequently direct the respondents to cnduct fair and impartial investigation, 1/3
on the basis of the above materials.
2.When the matter taken up for hearing, on 05.08.2021, a direction has been issued to the third respondent to visit the Anjappar, Ponnamaravathi, Pudukottai Immediately and secure the CCTV footage, which captured and also recorded the alleged occurrence, on 20.05.2021.
3.When the matter taken up for hearing today, the learned Additional Public Prosecutor would submit that as per the direction of this Court, dated 05.08.2021, CCTV footage was secured and it has been presented before this Court, for considering the anticipatory bail, filed by the petitioner. 4.The learned counsel for the petitioner would submit that the anticipatory bail application was allowed. So, nothing survives for further consideration. He would further submit that a direction may be issued to the third respondent to investigate the matter, on the basis of the CCTV footage.
5.When the CCTV footage has been recovered, it is the duty of the Investigating Officer to look into the matter and investigate the same. On this angle, no such specific direction, is required.
6. The grievance made by the learned counsel for the petitioner is that at the time of filing final report, he will work out his remedy through appropriate proceedings. Any direction issued by this Court, to the third respondent, to act on the basis of the CCTV footage, it will amount to interfere in the course of investigation, which may not be proper, on the part of this Court. As mentioned earlier, it is the duty of the third respondent to investigate the matter in all angle, including taking into account CCTV footage clipping.
7.With the above observation, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 2/3
Note: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Pudukottai District, Pudukottai.
2.The Deputy Superintendent of Police, Pudukottai District, Pudukottai.
3.The Inspector of Police, All Women Police Station, Thirumayam, Pudukottai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.RAJARAJAN, Advocate (SR-26808[F] dated 19/08/2021) 18.08.2021 MMS(CO) SB(07.09.2021) 3P 6C 3/3