Titus vs The State Of Tamil Nadu
2026 Latest Caselaw 1239 Mad

Madras High Court

Titus vs The State Of Tamil Nadu on 13 March, 2026

                                                                                       CRL RC(MD)No.472 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 13.03.2026

                                                       CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                         CRL RC(MD)No.472 of 2026
                                      and Crl.M.P(MD).No.5681 of 2026

                1.Titus
                2.Anto
                3.Raghu                                              ... Petitioners


                                                             Vs.

                The State of Tamil Nadu
                rep., by the Inspector of Police,
                SIPCOT Police Station,
                Thoothukudi District-628 720
                (In Crime No.301 of 2016)                            ... Respondent/ Complainant

                PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of
                BNSS, 2023, to set aside the order dated 03.03.2026 passed in Crl.M.P.No.37
                of 2026 in S.C.No.304 of 2020 on the file of the learned II Additional District
                and Sessions Judge, Thoothukudi, and consequently allow the petition filed by
                the petitioners to summon the competent authority from the National Highways
                Authority of India (NHAI) along with the relevant toll plaza records relating to
                the vehicle bearing Registration No.TN 01 AB 3701.

                                   For Petitioners           : Mr.Gowtham

                                   For Respondent            : Mr.S.S.Manoj,
                                                               Government Advocate (Crl.side)

                1/5


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                                                                                        CRL RC(MD)No.472 of 2026




                                                          ORDER

Seeking to set aside the impugned order passed by the II Additional

District and Sessions Judge, Thoothukudi, in Crl.M.P.No.37 of 2026 in S.C.No.

304 of 2020 dated 03.03.2026, this criminal revision case is filed.

2.The learned counsel for the petitioners submitted that the petitioners

are the accused in a murder case in S.C.No.304 of 2020. They have filed a

petition under Section 254 (2) of Cr.P.C., to examine witness on the side of the

defence. More particularly, the said petition was filed to prove that the vehicle

of the second accused bearing registration number TN 01 AB 3701 had crossed

Thoothukudi Vagaikulam Toll plaza and Nanganeri Toll plaza on the date of

occurrence and 10 days before the date of occurrence and on the date of arrest,

and that as per the case of the prosecution, the accused was said to have

arrested near the Toll plaza and that the accused was not arrested on the said

date and hence, for the purpose of substantiating the said claim, the

examination of Manager of NHAI is necessary. However, the learned Trial

Court by perusing the oral evidence of DW1 and DW2 came to a conclusion

that CCTV recordings on the dates 14.12.2017, 15.12.2017 and 04.10.2016 as

sought by the accused is not available either with Thoothukudi Vagaikulam Toll

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Plaza and with Nanganeri Toll Plaza or with NHAI. Under such circumstances,

the learned trial Court felt that summoning the Manager of NHAI will not serve

any useful purpose and it would only delay the proceedings of this case.

Hence, the petitioner sought for the indulgence of this Court.

3.The learned Government Advocate categorically contended that there is

no infirmity in the impugned order. More particularly, he pointed out that it is

not necessary to always use the Toll plaza for reaching a particular destination.

They could even take a diverted route and hence, sought for dismissal of this

revision case.

4.Heard either side and carefully perused the materials available on

record.

5.The CCTV footage/ records sought for was with respect to the year

2017 and the petition has been filed by the petitioner in the year 2026 requiring

the NHAI Manager to produce records, including CCTV footage of the year

2017. As rightly pointed out by the learned Government Advocate, when there

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is a possibility for the persons to reach a particular destination even without

covering a Toll plaza, the point of requiring the Manager of NHAI to appear

would only as observed by the learned trial Court protract the pending trial in a

murder case. Hence, I do not find any infirmity in the impugned order.

Accordingly, this Criminal Revision Case is dismissed. Consequently,

connected Miscellaneous Petition is closed.

13.03.2026 NCC : Yes / No Index : Yes / No Rmk

To

1.The Inspector of Police, SIPCOT Police Station, Thoothukudi District-628 720

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.,

Rmk

13.03.2026

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