When CCTV visuals are unclear, suspects cannot be forced to re-enact the crime for gait analysis, rules Madras High Court

When the visuals of a crime captured on a closed circuit television camera are not clear, the police cannot force the suspects to re-enact the incident, capture it once again on the same CCTV camera and then conduct gait analysis to implicate them in the offence, the Madras High Court has ruled. The Bench said, the police would be entitled to obtain voice samples, specimen handwriting and even ask the suspects to stand or walk for the purpose of comparison but they could not force the suspects to re-enact the entire incident for the purpose of gait analysis since it would amount to self incrimination. Expressing dismay over the shabby investigation conducted by the Greater Chennai City Police despite it being a sensational murder that shook the entire city, the judges said: “We are constrained to say that the investigating officers, involved in this case, have not collected evidence but created evidence to suit their case.” According to the prosecution, the motive for the crime was a property dispute between the neurosurgeon and the family members of the first suspect P. Ponnusamy. “From the above facts, we are convinced that the proceedings of the learned sessions judge give rise to a reasonable apprehension of real likelihood of bias,” the Division Bench said and refused to accept the testimony of the approver to confirm the conviction and sentences imposed by the trial court against the other accused persons.