The Kerala High Court on Tuesday, March 8, dismissed actor Dileep's plea opposing further investigation in the 2017 actor assault case, in which he is the eighth accused. The bench of Justice Kauser Edappagath said that the investigation agency can continue with further investigation. "However, it shall complete the further investigation and file the further report as expeditiously as possible. At any rate not later than April 15, 2022," the bench said.
The trial in the 2017 sexual assault case is underway at a trial court in Kerala, but the Kerala Crime Branch is conducting further investigation in the case following revelations by filmmaker Balachandra Kumar. Dileep had moved the court on February 2, calling this further investigation in the case a "willful attempt to protract the trial.” The actor had contended that further investigation in that case was not permissible as a final report had been filed in November 2017, charges were framed in January 2020 and only one prosecution witness — one of the investigating officers — remained to be examined.
Bhavana, who is survivor of the 2017 actor assault case had filed an impleadment motion in the Kerala High Court in connection with the accused actor’s petition against further investigation. On February 15, she was allowed to be a part of the proceedings by the court. She had also supported the prosecution's decision to carry out the further probe, saying she wants a fair trial and the truth behind the incident needs to be revealed.
The High Court had on February 24 reserved its judgement after hearing arguments on behalf of the actor, the survivor and the prosecution.
Dileep, represented by senior advocate B Raman Pillai, advocates Philip T Varghese and Thomas T Varghese, had opposed the further investigation in the case, calling it a ‘sham’ and an attempt to further delay the trial of the case. Dileep also contended that further investigation into the assault case should not be permissible as a final report had been filed in November 2017, charges were framed in January 2020 and only one prosecution witness — one of the investigating officers — remained to be examined.
The actor also said that the call for further investigation was planned between the investigating officer, DyDP Baiju Paulose and director Balachandrakumar, who recently made serious allegations against Dileep in the assault case through the media. Balachandrakumar had also alleged that there was evidence including in digital form, to prove that Dileep had influenced the witnesses. The actor has claimed in his plea that prior permission of the trial court was required for carrying out any further probe.
Opposing his plea during the hearing, the police — represented by Director General of Prosecution (DGP) TA Shaji and Additional Public Prosecutor P Narayanan — told the court that there was no legal bar or impediment in carrying out further investigation, as the trial is in its final stages. They also contended that no prior permission was required for the same.
The prosecution said that the further probe can be carried out anytime before delivery of the verdict, if any fresh material or evidence comes to light. The DGP also argued that there was no planning between the investigating officer and Balachandrakumar and there was no connection between them till the time the latter made his revelation.
The survivor actor was abducted and allegedly assaulted in her car for two hours by some persons — allegedly hired by actor Dileep — who had forced their way into the vehicle on the night of February 17, 2017 and later escaped in a busy area. The entire act was filmed by those persons to blackmail the actor. There are 10 accused in the case, of which Dileep is the eighth accused.