The Kerala High Court on Saturday, 22 January, ordered Malayalam film actor Dileep to appear before the state police from Sunday till Wednesday for questioning in an attempt to murder case, and asked the prosecution to update the court about the matter on Thursday.
The court told Director General of Prosecution (DGP) TA Shaji that the investigating officers of Kerala police can question the actor for three days – 23, 24 and 25 January.
The actor, however, will not be arrested till 27 January, the court said in an interim order. Dileep had applied for anticipatory bail after he was recently booked for conspiring to kill the police officers who investigated a 2017 case, where he had allegedly conspired to get a woman actor raped.
While dictating the interim order, the court said, "It is made clear that any attempt to subvert the investigation will result in declining bail." The order also asked the petitioner, Dileep, to "fully cooperate with investigation".
"Any attempt to interfere with the course of investigation will be viewed very seriously by this court," Justice P Gopinath said, Live Law reported. The court further warned Dileep's advocate, "I am very very serious and that any violation will be dealt with seriously."
The case was registered after several audio clips, in which the actor and a relative allegedly appeared to be conspiring to kill six police officials investigating a separate case against him came to light.
Even though the prosecution had requested for police custody of the accused, the court did not grant the same. "It is submitted that while prosecution has every right to investigate into allegations, they can't insist on custody of petitioners as no offence is made out even if entire documents are taken into consideration," the court said, reported Bar and Bench.
It further read that "certain material submitted in a sealed cover" indicate that a further investigation in necessary.
'Investigation Should be Protected'
The court emphasised on protecting the investigation and repeatedly said that the State is entitled to investigate the matter.
"The mighty State is entitled to investigate these serious allegations. There is an interesting theory about why we call this body of lawyers the Bar. Because lawyers act as a bar against illegal encroachment. I'm very concerned about the investigation in this case," the court said, reported Live Law.
Justice Gopinath also said that he is "worried about the investigation not proceeding if bail is granted", but if the prosecution fails to bring material other than what is on record then the offence of criminal conspiracy isn't attracted.
Dileep Has Influence, Interferes With Investigation: DGP
Meanwhile, in a statement responding to the bail plea, the Kerala Police crime branch said that for the first time in Kerala, there had been a criminal conspiracy to "harm even the life of investigating officers".
Speaking on the actor's influence and signs of abetment, the DGP said that since the petitioner had protection against arrest from the court, "every time we chance upon new witnesses or evidence, the petitioner's men come around," reported Live Law.
Responding to this statement, senior advocate B Raman Pillai – who is defending Dileep – called the allegations "absolutely false".
The DGP further accused the actor of interfering, stating that substantiation of the number of attempts to avoid the law were "very grotesque".
The court, acknowledging the actor's "highly influential" status, raised concerns on balancing the issue, stating that the prosecution was "entitled to probe further and see if an offence is committed.
Commenting on the recent revelations made by director Balachandra Kumar, who was working with Dileep for an upcoming film, the court noted that Kumar's allegations came to light after the "offer was withdrawn".
Isolated Outburst or Conspiracy?
Noting this, the prosecution emphasised that they were not "mere allegations," as they had digital evidence. The DGP stated that the evidence and investigation of the case revealed that the actor's alleged threat was not an isolated outburst, as per Bar and Bench.
Pillai then spoke on the first complaint, stating that it did not contain any allegations against Dileep about harming anyone. "He merely said 'they will pay'. How does this constitute a conspiracy?" he asked.
Pushing against allowing the actor to be given anticipatory bail, the DGP stated that Dileep was not an "ordinary man making these threats. He is a man of power and influence, capable of committing offences. This signifies a conspiracy," reported Bar and Bench.
Shaji added that there would be no purpose in the investigation if Dileep was set free, saying that "bail should not be granted in this case".
The DGP said that the accused were rich and powerful people. Pillai retorted by saying, "On the other side, there is DGP, AGP etc."
After Shaji concluded his submissions, Justice Gopinath expressed his hesitancy in passing an order that "defeats the investigation," adding that custody would be granted to the police if it is required for the investigation to be carried out properly.
(With inputs from Bar and Bench and Live Law)
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