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2025 Supreme(Online)(Ker) 15871

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
SHIHAS S – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 8973/2024



Advocates:
For the Appellants/Petitioners: V.V.NANDAGOPAL NAMBIAR, PREEJA, P.VIJAYAN SMITHA, PAVAN ROSE JOHNSON, VANDANA BHAT, T.V.
For the Respondents: SRI. M.C. ASHI, PP.

The court reinforced the need for preserving evidence that could be pivotal for ongoing legal proceedings.

Headnote:In this case, the petitioner sought the preservation of CCTV visuals under Section 94 of the Bharathiya Nagarik Suraksha Sanhitha, 2023 after the dismissal of a prior request. The court addressed the preservation of specific CCTV footage from the Crown Plaza Hotel and other specified locations. The court found it necessary to maintain the visuals until a further decision could be made on their admissibility in evidence. The interim order was made absolute regarding the preservation of CCTV visuals of the hotel.

Table of Content
1. petitioner sought preservation of cctv visuals under specific circumstances. (Para 1)
2. court confirmed the availability of cctv visuals with the crown plaza hotel. (Para 2)
3. the court made the initial interim order absolute for preservation. (Para 3)

ORDER

Dated this the 28th day of March, 2025 This Crl.M.C is filed aggrieved by the dismissal of Annexure A1 petition, wherein the petitioner sought preservation of CCTV visuals of a specified area in the “Crown Plaza” Hotel and also the visuals at the reception of Maradu Police Station and the Deputy Commissioner’s Office, Ernakulam pertaining to a specified period. By interim order dated 11.11.2024 this Court had directed the CCTV visuals of the Maradu Police Station, for the period from 10:00 a.m on 06.10.2024 till 10:00 p.m on 07.10.2024 and that of the Deputy Commissioner’s Office at Ernakulam, from 3:00 p.m till 10:00 p.m on

06.10.2024, to be preserved until further orders.

2. Today, when the matter is taken up for consideration, to a specific query raised by the Court, learned Counsel appearing for the Crown Plaza Hotel submitted that the back up of the subject CCTV visuals are available with the 4th respondent.

3. If so, the 4th respondent can be directed to preserve the CCTV visuals, leaving it open for the jurisdictional court to decide whether the 4th respondent can be compelled to produce the CCTV visuals, as well as its acceptability in evidence.

The Crl.M.C is accordingly disposed of by making the interim order dated 11.11.2024 absolute and directing the 4th respondent to preserve the CCTV visuals of the reception, lobby, corridors of 14th and 15th floors of Hotel Crown Plaza from 05.10.2024 (4:00 a.m) till 06.10.2024 (8:00 p.m), provided the visuals are still intact.

Sd/-

V.G.ARUN JUDGE SSK/28/03 APPENDIX OF CRL.MC 8973/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF PETITION FILED CRL.M.P NO.4135/24 IN CRIME NO.809/2024 UNDER SECTION 94 OF Bharathiya Nagarik Suraksha Sanhitha , 2023. DATED 15-10-2024 Annexure A2 THE CERTIFIED COPY OF THE ORDER IN CRL MP

4135/2024 IN CRIME NO 809/2024,DATED 16-10-

2024 Annexure A3 TRUE COPY OF THE COMPLAINT LODGED BEFORE STATE POLICE CHIEF DATED 16.10.2024 Annexure A 4 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED FROM OFFICE OF SUPERINTENDENT OF POLICE, POLICE HEADQUARTERS, THIRUVANATHAPURAM DATED 16-10 2024 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE

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