Madras High CourtCRL OP(MD)/17369/2021allowed

K.C.K. Samy v. The Superintendent Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.17369 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17369 of 2021 and Crl.M.P.(MD)No.9445 of 2021 K.C.K.Samy ... Petitioner Vs 1.The Superintendent of Police, O/o.Superintendent of Police, Tuticorin.

2.The Inspector of Police, Muthiahpuram Police Station, Tuticorin District.

(In Crime No.255/2021) ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent to recover the CCTV footages for the period in between 23.05.2021 to 14.07.2021 of the following ATM centers namely (i) 642 Cooton Road, Thoothukudi District (ii) 3533 Muthunagar Offsite, Thoothukudi District (iii) 9621 Dindigul Town, Dindigul District (iv) 6152 SBI SPIC Nagar, Thoothukudi Distirct (v) 9094 Cooton Road, Thoothukudi District (vi) 3984 SPIC Nagar Onsite Cash, Thoothukudi District (Vii) 11901 BOI Dindigul II, Dindigul District (viii) 5484 Near Naga Theatre, Dindigul District (ix) 9135 KMC Hospital Tennur, Tiruchirappalli and to produce the same before the learned Judicial Magistrate No.II, Tuticorin.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 2.The petitioner is the defacto complainant in Crime No.255 of 2021 registered on the file of the second respondent.

3. The specific allegation of the petitioner is that his father passed away on 27.05.2021. But his ATM card was misused by https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.17369 of 2021 the petitioner's brother and sister. Their withdrawal of cash from ATMs has been captured in CCTVs. Unless the petition mentioned CCTV footages are retrieved, truth cannot be found out. No exception can be taken to this request.

4. Therefore, the second respondent is directed to retrieve and take copies of the petition mentioned CCTV footages. The second respondent shall take emergent action. If there is any delay on the part of the second respondent, the footages may be deleted.

5. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Rmi Note: In view of the present lock down owing to COVID-19 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 Judicial Magistrate No.II, Tuticorin.

2.The Superintendent of Police, O/o.Superintendent of Police, Tuticorin.

3.The Inspector of Police, Muthiahpuram Police Station, Tuticorin District.

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

+1 CC to M/s.C.M. ARUMUGAM, Advocate ( SR-33998[F] dated 10/11/2021 ) Crl.O.P(MD)No.17369 of 2021 and Crl.M.P.(MD)No.9445 of 2021 10.11.2021 RK/SKN(18/11/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/4