Madras High CourtCRL OP(MD)/20392/2022disposed of

M.Sikkandarammal v. The Commissioner Of Police

2022-11-25Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P (MD) No.20392 of 2022 M.Sikkandarammal

...Petitioner

vs 1.The Commissioner of Police, O/o. the Commissioner of Police, Madurai.

2.The Inspector of Police, Vilakuthoon Police Station, Madurai District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondent No.2 to preserve the CCTV Footage of the Respondent No.2 on the occurrence date from Morning 12.10.2022 to 14.10.2022 full day in Cr.No.267 of 2022 on the file of the Respondent Police.

For Petitioner : Mr.S.M.A.Jinnah For Respondents: Mr.R.Sivakumar Government Advocate (Crl.side) 1/4

O R D E R

This Criminal Original Petition had been filed to direct the second Respondent to preserve the CCTV footage of the occurrence date from 12.10.2022 to 14.10.2022 relating to Cr.No.267 of 2022 on the file of the second Respondent.

2.It is the submission of the learned Counsel for the Petitioner that the Petitioner's son was arrested and taken to Vilakuthoon Police Station by the second Respondent and his men. Subsequently, the Petitioner's son died. Therefore, the Petitioner suspects that the Petitioner's son died due to police torture. Therefore, she seeks direction of this Court to preserve the CCTV footage of the Police Station.

3.The learned Government Advocate (Crl.side) for the Respondents would submit that the Petitioner's son, who died, had 8 previous cases and it is nothing but exercise to cause harassment to the Respondents. 4.Even considering the submission of the learned Government Advocate (Crl.side) that the Petitioner's son is wanted in so many cases, the 2/4

apprehension expressed by the mother of the deceased is found justified in the peculiar circumstances of this case. It is for the appropriate action in future.

5.Accordingly, this Criminal Original Petition is allowed. The Respondents are directed to preserve the CCTV footage available in the second Respondent Police Station on the date of occurrence. Internet:Yes/No 25.11.2022 Index:Yes/No mm To 1.The Commissioner of Police, O/o. the Commissioner of Police, Madurai.

2.The Inspector of Police, Vilakuthoon Police Station, Madurai District.

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

3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm Crl.O.P (MD) No.20392 of 2022 25.11.2022 4/4