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2026 Supreme(Online)(Mad) 49681

IN THE HIGH COURT OF JUDICATURE AT MADRAS


DATED: 09-06-2026


CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN


WP Crl. No. 1292 of 2026


Sivakumar

S/o Karuppasamy

D.No.310, D Block,

Temple Waves,

Amarprakash Apartment,

Kundrathur,

Chennai.

..Petitioner(s)

Vs

1. The Commissioner of Police

Tambaram City Police Commissionerate,

Police Public School Building,

Melakottaiyur,

Near Vandalur,

Chennai.

2. The Assistant Commissioner of Police

Pallavaram Range,

Chennai.

3. The Inspector Of Police

T5, Kundrathur Police Station,

Kundrathur,

Sikkarayapuram.

..Respondent(s)


For Petitioner(s): Mr. Leeban Arivalagan

For Respondent(s): Mr.R. Ganesh Kumar

Counsel for Government of Tamil Nadu

Prayer: This Writ petition is filed under article 226 of the constitution of India to issue a Writ of Mandamus or any other writ or order directing the respondents to preserve the CCTV footage recorded in 3rd respondent police station on 25.05.2026 and 26.05.2026 and further direct the respondents to conduct proper/enquiry/investigation into the custodial torture, and preparation of false records and forcible obtaining of undertaking from the petitioner by the 3rd respondent police station, within the time frame fixed by this Honourable Court.

ORDER

This Writ petition is filed seeking for a direction directing the respondents to preserve the CCTV footage recorded in 3rd respondent police station on 25.05.2026 and 26.05.2026 and further direct the respondents to conduct proper/enquiry/investigation into the custodial torture, and preparation of false records and forcible obtaining of undertaking from the petitioner by the 3rd respondent police station, within the time frame.

2. The facts of the case is that there was a money dispute between the petitioner and the counter part. Due to which the petitioner was called upon for enquiry. During enquiry the petitioner appeared before the 3rd respondent on 19.01.2026 and 21.01.2026. The enquiry was conducted and during the enquiry the petitioner has submitted the relevant documents and it was recorded that the petitioner agreed to settle the amount to the counter part. However, such undertaking was not voluntary and he was pressurised and compelled to give such undertaking before the police station. It is also stated that the petitioner was beaten by the police. Hence, the petitioner has filed this petition to preserve the CCTV footage recorded in 3rd respondent police station on 25.05.2026 and 26.05.2026.

3. The learned counsel for the petitioner submitted that regarding the said issue the petitioner has filed Crl.O.P.No.8001 of 2025 and this Court vide order dated 30.03.2026 dismissed the petition and recorded that the complaint lodged as against the petitioner was enquired and the petitioner undertakes to settle the amount and the dispute was resolved between the parties. He further submitted inspite of the order passed by this Court the petitioner was once again called for enquiry on 25.05.2026 and 26.05.2026 and the he was illegally detained in the police station and beaten by the police. Due to which the petitioner sustained injuries and he was admitted in the Sree Balaji Medical College and Hospital, Chrompet Chennai. The petitioner has also produced medical records to show that he has taken treatment in the hospital and his stated was also duly record. However so far no action was taken as against the erred police officials.

4. The learned counsel appearing for the respondents submitted as there was a dispute between the petitioner and the counter part, the petitioner was called for an enquiry. That apart he was not harassed by the police officials.

5. Heard both sides and perused the materials available on record

6. On a perusal of records it is seen that the petitioner has made out a Prima facie case for issuance of direction to the second respondent to preserve CCTV footage recorded in the third respondent police station on 25.05.2026 and 26.05.2026 and also to issue a direction to conduct enquiry on the representation made by the petitioner on 26.05.2026.

7. In view of the above the second respondent is 2nd respondent is directed to preserve CCTV footage recorded in the 3rd respondent police station on 25.05.2026 and 26.05.2026 and also conduct an enquiry on the representation made by the petitioner on 26.05.2026 and pass and to dispose of the same, within a period of four (4) weeks from the date of receipt of a copy of this order.

8. With the above direction, this Writ Petition(Criminal) stands disposed of. No costs.

09-06-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

smn

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