BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2022 CORAM THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD).No.9009 of 2022 Mahalakshmi ... Petitioner Vs

1. The Superintendent of Police, District Superintendent of Police Office, Tenkasi District, Tenkasi.

2. The Deputy Superintendent Of Police, Sankarankovil, Tenkasi District.

3. The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

4. The Inspector of Police, Rajapalam Police Station, Viruthunagar 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 respondent Nos.1 to 4 to preserve the CCTV Footage recorded on 06.04.2022 and

07.04.2022 at the Venkateswara Clinic, Selvam Tea stall, One Kumaran Sweets store, Anandham Cloth Store, Aanda Jewellers, based on the petitioner's representation, dated 23.04.2022, within a stipulated time that may be fixed by this Court.

For Petitioner : M/s. Karunanidhi .R For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed in the nature of Mandamus, seeking a direction to respondents 1 to 4 to preserve the CCTV Footage recorded on 06.04.2022 and 07.04.2022 at the Venkateswara Clinic, Selvam Tea stall, One Kumaran Sweets store, Anandham Cloth Store, Aanda Jewellers, based on the petitioner's representation, dated 23.04.2022.

2.The learned Counsel appearing for the petitioner submitted that the petitioner had purchased a second hand car bearing Registration No.TN 45 AF 9145, from the Kaleeswari Finance. On 05.04.2022, one Karthick, who is a friend of the petitioner, borrowed the petitioner's car and also returned it on the same day. Again, the said Karthick has taken the car by using fake car key, without her permission. After that, the petitioner has taken the car in her custody. Then, one Selvam, who is the Sub Inspector of Police informed her that Karthick has lodged a complaint against her and asked her to hand over the car key. Subsequently, she gave the car key to the said Sub Inspector of Police. On 06.04.2022, the police officials attached to the Kellarajakularaman Police Station, forcibly taken the petitioner to Sankarankovil Bus stand and kept her in their illegal custody, harassed her and asked the car. In the said bus stand, Venkateswara Clinic and Selvam Tea Stall are situated and the buildings are installed with CCTV camera. Hence, her presence may be recorded in the said CCTV cameras. Further, he stated that they dropped her at Gandhi Statue, Rajapalayam, where One Kumaran Sweets Store, Anandham Cloth Store and Aandal Jewelers are situated and the buildings are also installed with CCTV cameras. Hence, the petitioner sent a representation to the respondents and requested to initiate legal action against the police officials, who harassed her. But, till now no action has been taken. Thereafter, the petitioner has requested the owners of the above said buildings, but, they informed that the CCTV Footages will be provided only on the request of the police officials. He further submitted that the respondents 1 to 4 may be directed to preserve the CCTV Footages, which are recorded on 06.04.2022 and 07.04.2022 at the above said premises, based on the petitioner's representation, dated 23.04.2022. Further he stated that the CCTV Footages are very important to prove the case and also apprehends that the footages recorded may be destroyed.

3.The learned Government Advocate (Crl.Side) appearing for the respondents also admitted that there are CCTV footages, which are recorded on 06.04.2022 and 07.04.2022..

4.Considering the importance of the CCTV footage to adjudicate the issue involved in this case, the respondents 1 to 4 are directed to preserve the CCTV footages recorded on 06.04.2022 and 07.04.2022 at Venkateswara Clinic and Selvam Tea Stall, Kumaran Sweets Store, Anandham Cloth Store and Aandal Jewelers.

5.With the above direction, this Writ Petition stand