Actor Dileep and four others were granted anticipant bail by the Kerala high court on Monday in a fresh case for allegedly menacing the investigating officer Baiju Paulose in the 2017 actor abduction and sexual assault case. The case relates to an incident in 2017 in which a woman actor was abducted and sexually assaulted by a gang in Kochi while she was returning home after a shooting assignment. Six months after the incident, Dileep was arrested and made accused in the case. The prosecution maintained that the attack was planned at the behest of Dileep to settle an old score with the woman. The bail was granted by a bench headed by Justice P Gopinath after a two-week-long hail on the plea moved by the charged. these bail applications are allowed and it is directed that the pleaders in these cases shall be released on bail, in the event of arrest in Crime No. 6/2022 Crime Branch Police Station subject to the succeeding conditions-
( i) Each of the Pleaders shall execute separate bonds for sum totals of Rs 1,00,000./- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) Pleaders shall appear before the investigating officer in Crime No. 6/2022 Crime Branch Police Station as and when summoned to do so;
(iii) Pleaders shall co-operate with the investigation and make themselves available for interrogation whenever demanded;
(iv) Pleaders shall not tamper with any evidence;
( v) Pleaders shall not directly or sideward make any inducement, trouble or pledge to any witnesses acquainted with the data of the case to inhibit them from telling similar data to the court or any police officer;
(vi) Petitioners shall surrender their passports before the jurisdictional Court. However, they shall execute, If the pleaders or any of them don't have passports. If the 1st petitioner has beforehand surrendered his passport in the earlier proceedings against him, this condition won't apply to him;
(vii) Pleaders shall not involve in any other crime while on bail. Still, the Probing officer in, If any of the forenamed conditions are violated.
CrimeNo.6/2022 of Crime Branch Police Station may file an operation before this Court for cancellation of bail. No observation during this order shall be construed as a finding by this Court on any issue. The compliances are only to consider the entitlement or else of the pleaders for bail. They had said that Dileep and others will undermine also the ongoing investigation into the case if they're granted pre-arrest bail. The fresh case was registered in January this year after director Balachandra Kumar’s interview to a Television channel in December 2021 in which he claimed Dileep owned tape recordings of the assault. He also submitted several audio tape recordings to the police. In one of the tape recordings, one person allegedly connected as Anoop, Dileep’s brother, can be beard speaking about a conspiracy to kill Paulose. The discussion allegedly took place in November 2017 at the actor’s house in Aluva in the Ernakulam neighbourhood, the crime branch has said in its FIR.
The police had opposed the anticipant bail plea, saying it would transmit a wrong message to society. The Court also noted that there's nothing in the data to show that the offence of abutment was committed." Coming to the facts of this case, there's nothing to suggest, at present, that the accused had done something or some act in respect of which an offence of assist can contend. For an offence of abetment, something must be done. There's no material to suggest that an act or illegal omission had occurred for the accused in this case to be charged with an offence of abetment of that act or omission. Thus, prima facie and for these Bail Applications, it can be presumed that Section 116 of the Code isn't attracted”.
Tags : #Dileep#Actor#Kerala#HIghCourt#AnticipatoryBail#Abduction#Sexualassualt