The Kerala High Court Justice Sunil Thomas while rejecting all the contentions of Malayalam cine actor Dileep today dismissed the Plea filed by him for CBI investigation pertaining to the criminal case related to sexual offences committed against an actor.
The Court noted that an accused cannot ask or decide which agency would probe the case against him and also declined Dileep’s contention that investigation by Kerala police was biased.
During the course of proceedings, the prosecution alleged that Dileep had filed the petition with the ulterior motive only to delay the trial against him.
Nonetheless, the Government had opposed Dileep's Plea on the grounds that the change of probing agency cannot be requested when the conclusive report regarding the case has already been filed.
Dileep claimed in his Petition that he is falsely implicated in the case as the police had nabbed all the accused and also filed a final report in 2017 which does not include any charges of conspiracy but after few months he was arrested on charges of conspiracy.
He also sought CBI probe in the case alleging that the state police was biased against him.
The issue pertains to a noted South Indian Actress, who was subjected to a horrific incident last year. On the night of February 17, a gang of men near Kochi had forced their way into a moving car whereby the Actress was abducted and sexually assaulted. After three dreadful hours of torture, the men set her free on a condition wherein they threatened to circulate a video of the assault if she approached the police. However, the Actress approached the authorities and filed a complaint the same night.
Dileep is eighth amongst the 12 accused in the matter. He was arrested after five months on charges of hiring a criminal gang to settle personal scores with the Actress.
Thereafter, nearly three months post his arrest, the High Court granted him bail with stringent conditions.
In December 2017, the Trial Court accepted the charge sheet that named a total of 12 persons, including Dileep as accused, while his former wife Manju Warrier, a key witness.
The 650-page charge sheet included secret depositions. Among the list of witnesses, around 50 are from the film industry.
In February, Dileep had moved the High Court asking for the assault visuals after his plea for the same was rejected by the Angamaly Magistrate Court.
In August, the Kerala High Court also dismissed his Plea seeking a copy of the digital evidence of the alleged assault.
In pursuant to the HC ruling, Dileep approached the Supreme Court challenging High Court order refusing to hand over the memory card to him.
However, the Government through its counter affidavit has also opposed his demand citing a reference of Section 207 of the Cr.PC and submitted that it was in contradiction with the law to serve the accused with a copy of the memory card containing visuals of the offensive sexual assault committed against the actress. His petition in Supreme Court is likely to be heard in January 2019.