[BREAKING] Will file petition seeking CBI probe; Crime Branch fabricating case: Dileep to Kerala High Court

While seeking anticipatory bail in a case of alleged conspiracy to kill police officers, the counsel representing Malayalam cine actor Dileep informed that Court that he will be seeking an investigation by the Central Bureau of Investigation (CBI) into the matter [P Gopalakrishnan alias Dileep & Ors. v State of Kerala & Ors.]..Dileep and four others have been booked by the Crime Branch of the Kerala Police for allegedly conspiring to kill police officers who are investigating a 2017 actress sexual assault case against him..While arguing on behalf of Dileep before single-judge Justice Gopinath P, Senior Advocate B Raman Pillai expressed his dissatisfaction and suspicions regarding the investigation conducted so far and said that he would be moving the Court with a fresh petition seeking a CBI investigation"We are also filing a petition for CBI investigation. What sort of case is this? A Crime Branch DySP is fabricating a case", he said. Dileep, through his counsel, has consistently alleged that DySP Baiju Paulose, the investigating officer in the actress assault case, has been fabricating a fresh case against him as Dileep was able to secure bail in the assault case."On the basis of the materials available in this case, no one could deny bail. The case has been registered on the basis of a 161 statement in another crime. What is the probative value of that. This has been fabricated to get custody of the petitioner(Dileep) which they could not do in five years of the other case," Pillai contended. .This was countered by Director General of Prosecution, Senior Advocate TA Shaji who argued that the accused are being treated differently and are trying to subvert the investigative process."They cannot be allowed to take this court and the prosecution for a ride. Let them surrender to the investigative process, just like any other accused. Nobody in this State has claimed such a privilege, he cannot also," he said. .This led to a heated argument between Pillai and Shaji with the former saying that the DGP should be more cautious while making submissions as the whole case is being conducted under intense media scrutiny. In an attempt to calm the two sides, Justice Gopinath adjourned the matter to be heard on Tuesday and assured the counsel that it will be handled like any other case. "The fact that this is being keenly watched by the media is putting pressure on you, him and all of us here... Let us leave apart all other aspects, the controversy, media trial etc. and consider this as any other case," the judge remarked. .Pillai once again said stressed that Dileep is just another Indian citizen and deserves to be treated as such."My friend (DGP) is saying the petitioner is a rich man and that this is an extraordinary case. What is the difference? He is also an Indian Citizen. Let them investigate it like a usual case," he submitted..The prosecution had recently moved the court seeking possession of 7 mobile phones which were alleged to have been used by the accused but discarded after the FIR had been registered.At a hearing on Saturday, the Court opined that handing over the phones would not amount to self-incrimination and ordered that 6 out of the 7 the mobile phones, excluding one regarding which sufficient information wasn't provided, be produced before the High Court registry in a sealed cover by 10.15 am Monday, January 31.After the same was done, the prosecution pressed the Court to release the phones to the Crime Branch"Now they have given the phone but they want it to be examined at a facility of their choice. This is unheard of in the history of criminal law. They said they will give one of the phones only if we clarify which one it is exactly. That itself shows they have multiple phones. It is plainly revolting to common sense and logic," Senior Advocate Shaji said. .Dileep and his associates are already being tried for allegedly planning and executing a revenge crime against a female actor in the Malayalam film industry by having her abducted, sexually assaulted and photographed nude in a moving vehicle.The case took a new turn when director Balachandra Kumar made some explosive statements regarding Dileep's close association with the prime accused in the assault case and alleged that there was a conspiracy to kill the police officers investigating the case. The Crime Brach the registered a fresh first information report (FIR) against Dileep and five others for offences punishable under Sections 116 (offering bribe to public servant), 118 (concealing design to commit offence punishable with death or imprisonment for life), 506 (criminal intimidation) and 120-B (criminal conspiracy) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.The accused then approached the Kerala High Court through through advocates Philip T Varghese, Thomas T Varghese, Achu Shubha Abraham, Litha VT, Monisha KR and Nitya R seeking anticipatory bail..Dileep has also approached the Kerala High Court with a separate plea seeking to restrain the media from reporting on the trial of the sexual assault case till the final verdict is pronounced.Read more about the history of the assault case and the plea for anticipatory bail here.