Jesumery.T v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM T.Jesumery

...Petitioner

Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

...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 1 and 2 herein to save the CCTV footage from 15.05.2022 to 18.05.2022 and consequently to be produced during trial. For Petitioner : Mr.G.Rajasekar For Respondents : Mr.M.Sakthi Kumar Government Advocate (crl.side)

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to save the 1/5

CCTV footage from 15.05.2022 to 18.05.2022 and consequently to be produced during trial.

2.Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side) takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner submitted that the petitioner's son was illegally detained by the second respondent Police. Hence, CCTV footage in the Police station from 15.05.2022 to 17.05.2022 has to be collected and saved. Hence, the present petition has been filed.

4.The learned Government Advocate (Crl. Side) appearing for the respondents submitted that the petitioner's son involved is in crime No. 120 of 2022 for the offence under Sections 147, 148 and 302 of IPC. Another case in Crime No.271 of 2020 has been registered for the offence under Sections 294(b), 353 and 506(ii) of IPC and he was detained under Goondas Act in S.T.C.No.85 of 2010 and he is in prison. 2/5

5.On perusal of the materials available on records, it is seen that according to the petitioner, the petitioner's son was illegally detained by the second respondent. For that purpose, he is seeking to save CCTV footage in the police station from 15.05.2022 to 17.05.2022. The petitioner does not file any case against the second respondent Police for illegal detention. Since the petitioner has not filed any case against the police, he has no right to call for the CCTV footage in the police station. It is directed by the Director General of Police to install CCTV camera in several police station, it should be saved periodically. Therefore, the specific direction to save CCTV footage from 15.07.2022 to 18.05.2022 cannot be given.

6.Recording the same, this Writ Petition is dismissed. No costs. 06.07.2022 Index :Yes/No Internet:Yes/No vsg 3/5

To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

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

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V.SIVAGNANAM., J vsg 06.07.2022 5/5