IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Dhanapandi – Appellant
Versus
State of Tamilnadu – Respondent
WPMP CRL.(MD)Nos. 636 and 637 of 2026
| Table of Content |
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| 1. factual basis for alleging irregular police custody and the need for evidence preservation. (Para 2 , 3) |
| 2. court discretion in mandating preservation of electronic evidence to ensure fair process. (Para 5 , 6 , 7) |
To issue a Writ of Mandamus to directing the respondent No.1 and 2 to instruct the respondent no.3 to take appropriate action on the basis of the petitioner representation dated 26.04.2026 in accordance with law within the time stipulated by this Court.
For Petitioner : Dr.R.Alagumani, Advocate.
For Respondent : Mr.D.Rajaboopathy Counsel for State of TN (Crl.Side)
ORDER
This Writ Petition is filed seeking Writ of Mandamus directing the respondent Nos.1 and 2 to instruct the respondent no.3 to take appropriate action on the basis of the petitioner representation dated 26.04.2026 in accordance with law within the time stipulated by this Court.
2. The learned counsel for the petitioner submitted that on
08.04.2026 around 06.00 pm, while the petitioner was not at home, on the instigation of the 5th respondent, two policemen from the Sellur police station without uniform frequented to the petitioner's house and had taken the petitioner's son namely Vinith into legal custody. On returning home, the petitioner was informed as to the same by his daughter around 08.00 pm. He went to Sellur police station and found his son inside the police station. On inquiry, it was claimed that the petitioner's son had fought with a group while he was travelling to Palani Murugan temple in January and had posted videos on Instagram inciting violence and in this regard, he has been taken into custody.
3. The learned counsel for the petitioner submitted that his son is an innocent and he is the sole breadwinner of the petitioner's family and if he is slapped with the false case, his entire future will be at peril and sought the indulgence of this Court to prove the innocence of the petitioner's son by directing the respondent police to preserve the CCTV footage of Sellur Police Station from 08.04.2026 from 06.00 pm to
09.04.2026 till 6.00 pm.
5. Learned Government Advocate submitted that the petitioner's son is a rowdy element and he was already convicted in an NDPS case and the learned Government Advocate has also placed before me the photographs uploaded by the petitioner's son holding dangerous weapons along with his team of friends and sought for dismissal of the writ petition.
5. Heard either sides and carefully perused the materials available on record.
6. Though the learned Government Advocate has submitted that a case has been registered as against the petitioner's son, it is a matter to be investigated. The limited prayer sought for herein is to preserve the CCTV footage in Sellur police station from 08.04.2026 from 6.00 pm to 09.04.2026 till 6.00 pm. This Court is of the considered view that every citizen is having the liberty to seek the same and hence the respondent police cannot resist.
7. Accordingly, the third respondent police is directed to preserve the CCTV footage in Sellur Police Station from 08.04.2026 from 6.00 pm to 09.04.2026 till 6.00 pm.
8. With the above direction, this Writ Petition is disposed of.
Consequently, connected miscellaneous petitions are closed.
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