The court affirmed the necessity of preserving evidence for the accused's defense while requiring specific justification for broader requests.

ORDER

The petitioner/accused in Crime No.01/AC/2024/CC-I for offence under Section 7 of Prevention of Corruption (Amendment) Act , 2018, has filed the present petition to direct the respondent Police to take immediate measure to preserve CDRs of mobile numbers viz., 9361131188, 9944101247, 9360810516, 9444991969, 8825572663, 7299807374, 9025173097, 9940421219 across the mobile networks for the period from April 2024 to December 2024.

2.The petitioner/Tahsildar posted in the Regional Deputy Commissioner (South) Office, Greater Chenani Corporation, Adyar was implicated in a trap case projecting as though the petitioner demanded bribe amount, received through A2. When A2 attempted to handover the bribe amount to A3, at that time the respondent caught A2, case registered. According to the petitioner, A2 and A3 are total strangers to her and she has been falsely implicated. In this case, the defacto complainant viz., Mr.Pon Thangavel is the Secretary of Rajan Nagar & Selva Nagar, Injambakkam, Karpagambal Nagar, Kalyani Nagar, Rajathottam Welfare Association and also the Secretary of Yadhum Oorae Iyakkam. Injambakkam-Vettuvankeni link road which is located at Rajan Nagar and Selva Nagar, is a 40 feet road, but due to encroachment made by 13 residents, the road narrowed down to 12 feet. A writ petition in W.P.No.18717 of 2014 was filed seeking removal of encroachment and the same was ordered. The defacto complainant was taking effective to remove the encroachment and, further laying of pipe for drinking water and for sewage disposal. The individual encroacher gave undertaking and sought sometime to vacate the land and also not to make any claim with the Corporation. For this, the petitioner said to have demanded bribe amount and the petitioner received the bribe amount through A2. A2 while handing over the bribe amount to A3, caught red handed. The petitioner to prove her innocence needs CDR of herself, A2, A3, defacto complainant, accompanying official witnesses, Trap Laying Officer and two other persons, which are as follows:

3.These CDRs to be obtained from the service providers and preserve for the purpose of defence of the petitioner since normally CDRs are erased after few months. When the case is right for trial, the petitioner will be handicapped due to non availability of CDR and further the petitioner as third person cannot obtain CDR of others. Hence, the present petition is filed.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police filed status report and submitted that in this case, a trap was organized on 14.05.2024, the petitioner directed the defacto complainant to handover bribe amount to Arunkumar/A2 and thereafter, Arunkumar/A2 came down to ground floor, received the bribe amount, kept in polythene cover and when he was about to start his two wheeler bearing Reg.No.TN-59-BH-0037 to handover the bribe amount to A3, the trap team caught the accused red handed. He further submits that the petitioner seeks CDR of nine persons. For the purpose of investigation, few days for relevant period alone collected. The petitioner is now seeking CDR from April 2024 to December 2024 which is nothing but to put spokes in the investigation and trial. He further submitted that in this case, the CDR of Serial Nos.1 to 4 (cited above) can be provided, but with regard to others (Serial Nos.5 to 9), it is not required and it is for the petitioner to make out a case when relevant witnesses examined and thereafter to take appropriate steps. As far as the Serial Nos.1 to 4, already CDR for relevant period for few days collected and now from April 2024 to December 2024 can be collected and produced befo