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2026 Supreme(Online)(Mad) 46080

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Victoria Gowri, J
K. Murugesan – Appellant
Versus
Superintendent Of Police – Respondent
W.P Crl.(MD)No.2566 of 2026



Advocates:
For the Appellants/Petitioners: S.Malaikani
For the Respondents: M.Sakthi Kumar

The court may issue a writ of mandamus directing the police to preserve evidence if it is relevant to the fairness and thoroughness of an ongoing criminal investigation.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the police to preserve and provide copies of specific CCTV footage from a private residence and the police station related to a criminal case (Crime No.70 of 2026). The petitioner contended that the failure to utilize such evidence would bias the ongoing investigation. The main issue was determining the court's scope in directing police investigative actions regarding evidence collection. The court noted that while the investigating agency has autonomy in evidence gathering, it must ensure a fair and thorough process. The court balanced the investigative discretion of the police with the necessity of preserving potentially relevant evidence to either strengthen or disprove the prosecution's case. The writ petition was disposed of with a direction for the police to preserve relevant police station CCTV footage and for the investigating officer to assess the necessity of securing private CCTV footage for the investigation.

Table of Content
1. petitioner request for preservation of cctv footage in criminal investigation. (Para 1 , 2)
2. judicial discretion regarding preservation and evaluation of evidence by investigative authorities. (Para 3 , 4 , 5)

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI W.P Crl.(MD)No.2566 of 2026 K.Murugesan ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2. The Inspector of Police, Tirupattur Town Police Station, Sivagangai District. ... Respondents PRAYER :-

Writ Petition Criminal filed under Article 226 of Constitution of India, to issue a Writ of Mandamus or any other writ or direction or order in the nature of writ, directing the respondents to preserve the CCTV footage recorded on 04.03.2026 in the CCTV camera fixed at the home where the defacto complainant residing at present, 05.03.2026, 09.03.2026 and 30.03.2026 recorded in all CCTV cameras at Thirupathur Town Police Station and to provide one copy each to the petitioner within the time stipulated by this Court.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondents to preserve the CCTV footage recorded on 04.03.2026 in the CCTV camera fixed at the home where the defacto complainant residing at present, 05.03.2026, 09.03.2026 and 30.03.2026 recorded in all CCTV cameras at Thirupathur Town Police Station and to provide one copy each to the petitioner within the time stipulated by this Court.

2. Learned counsel for the petitioner submitted that this information is sought for by the petitioner in relation to Crime No.70 of 2026 registered against the petitioner and his brother at the instance of one Kalayarasi. But the respondent police without taking into consideration the available CCTV footage in the de facto compliant house and also in the available CCTV cameras in the at Thiruppathur Town police station are trying to divert the investigation and hence he sought the indulgence of this Court, seeking the necessary action.

3. The learned Government Advocate submitted that it is for the investigating officer to decide as to which CCTV footage is necessary for the purpose of investigation. As far as the petitioner's requisition seeking the CCTV camera fixed in a private party's house, it is not within the powers of the respondent police. As far as the CCTV footages in Tirupattur police station, the same could be considered.

4. Heard either sides and carefully perused the materials available on record.

5. In view of the submission made by either parties, the respondent police is directed to forthwith preserve the CCTV footage available at Tirupathur police station on 05.03.2026, 09.03.2026 and 30.03.2026. As far as the CCTV footage in the de facto complainant's house is concerned, the investigating officer is directed to look into the same, as to the necessity of the same, for the purpose of investigation. In this regard, the second respondent police is directed to look into whether such substance would strengthen the prosecution case or disprove the prosecution case and if found necessary, secure the same and produce the same before this Court.

6. With the above direction, this Writ Petition is disposed.

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