Madras High Court
Syed Meeran vs The Commissioner Of Police on 24 January, 2022
Crl.O.P.(MD)No.19347 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.19347 of 2021
and
Cr.M.P.(MD)No.11201 of 2021
Syed Meeran ... Petitioner
Vs.
1.The Commissioner of Police,
Office of the Commissioner of Police,
Madurai City.
2.The Inspector of Police,
Thilagar Thidal Police Station,
Madurai City.
(Crime No.491 of 2021) ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct
the first respondent to preserve the CCTV cameras' footages of second
respondent Police Station from the date of 28.09.2021 6.00 a.m to 29.09.2021
06.00 a.m by considering the representation of the petitioner's wife dated
30.09.2021 as the same is the vital evidence of the investigation in Crime No.
491 of 2021 on the file of the second respondent.
For Petitioner : Mr.S.M.A.Jinnah
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
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Crl.O.P.(MD)No.19347 of 2021
ORDER
Heard the learned counsel appearing for the petitioner and the learned
Additional Public Prosecutor appearing for the respondents.
2.The petitioner figures as an accused in Crime No.491 of 2021
registered on the file of the second respondent. According to the petitioner, he
requires the petitioned mentioned CCTV footage to prove his innocence. For
directing the respondents to produce the same as and when required, this
Criminal Original Petition came to be filed. During the pendency of the
Criminal Original Petition, final report was filed and the case is presently
pending on the file of the Principal Special Court for EC and NDPS Act Cases,
Madurai in C.C.No.642 of 2021.
3.It is now stated that charges were framed today and the accused
pleaded not guilty and the case is posted to tomorrow for examination of
witnesses. Taking note of the overall facts and circumstances, the second
respondent is directed to produce the CCTV footage before the concerned
Court, if an application to the effect is filed by the petitioner herein. If the
second respondent is unable to produce the CCTV footage, the Court below
shall draw adverse inference. An accused is entitled to fair trial and all the
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Crl.O.P.(MD)No.19347 of 2021
materials that would be required to prove his innocence will have to be brought
on record and cannot be withheld. If the petitioner is disabled from proving his
innocence, the Court below will be justified in taking adverse inference against
the prosecution and then passing judgment accordingly. The Court below is
directed to dispose of the case as expeditiously as possible.
4.With the aforesaid directions, this Criminal Original Petition is
allowed. Consequently, connected miscellaneous petition is closed.
24.01.2022
Index : Yes / No
Internet : Yes/ No
mga
Note: 1. Issue Order Copy on 24.01.2022.
2.In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented is
the correct copy, shall be the responsibility of the advocate/litigant
concerned.
To
1.The Commissioner of Police,
Office of the Commissioner of Police, Madurai City.
2.The Inspector of Police,
Thilagar Thidal Police Station, Madurai City.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.19347 of 2021
G.R.SWAMINATHAN, J.
mga
Crl.O.P.(MD)No.19347 of 2021
and
Cr.M.P.(MD)No.11201 of 2021
24.01.2022
https://www.mhc.tn.gov.in/judis
