[Dileep] Kerala High Court allows State plea to summon additional witnesses in actress assault case

The Kerala High Court on Monday allowed the prosecution to summon 5 additional witnesses in the actress abduction and sexual assault case against Malayalam cine actor Dileep [State of Kerala v Sunil NS @ Pulsar Suni].The prosecution had sought recall of 7 witnesses and summoning of 9 additional witnesses. The High Court in its order today allowed summoning of 5 additional witnesses. To that extent, the trial court verdict, which had rejected the entire plea, was set aside." The order impugned in Crl.M.C.No.6702/2021 to the extent rejecting summoning of five additional witnesses viz., Smt.Nileesha, Sri. Kannadasan, Sri. Suresh D, Smt.Usha and Sri. Sathyamoorthy (CW240) is set aside. The prayer to examine these witnesses stands allowed." the Court The entire exercise of adducing additional evidence as per this order should be concluded in 10 days, the Court added.The Court also ordered that the Director General of Prosecution should ensure that a new Special Public Prosecutor is deputed or some other alternative arrangement is made to conduct the case on behalf of prosecution.This was after the special public prosecutor Anil Kumar who was earlier conducting the case, had resigned. Justice Kauser Edappagath pronounced the verdict on the appeal filed by the State Government challenging the proceedings before the trial court in the actress attack case and seeking to re-examine several witnesses..The actor and his associates are being tried for hatching a conspiracy to take revenge on a female actor in the Malayalam film industry by having her abducted, sexually assaulted and photographed in a moving vehicle.On January 3, the Investigating Officer (IO) in the case had informed the CBI Special Court that further investigation would be necessary after statements from a film director Balachandra Kumar revealed that he had heard Dileep's statements that indicated his intention to take revenge on the police officers investigating the case.The trial judge ordered the IO to submit a detailed report before January 20 after completing the investigation.However, the trial court allowed the State to recall only 3 out of the 6 witnesses and summon 1 out of the 9 additional witnesses. The prayers to examine all the remaining witnesses were disallowed.This prompted the State Government to approach the High Court with a petition challenging the trial court's rejection of its request..The Court had previously remarked that the prosecution had to have sufficient cause for seeking re-examination at this stage when the trial is at its fag end..Dileep has also approached the court seeking anticipatory bail after the Crime Branch of the Kerala Police registered a new FIR against Dileep and five others for allegedly threatening the investigation officials.Dileep, his brother P Sivakumar and brother-in-law TN Suraj have been charged 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. That case will be heard on Tuesday until which time the prosecution has assured the Court that Dileep won't be arrested..The trial in the assault case has seen its share of ups and downs with Dileep filing transfer petitions first at the Additional Special Sessions Court and then at Kerala High Court. Both Courts had rejected the pleas.The prosecution in the case, led by Special Public Prosecutor A Suresan, had voiced its protest over some allegedly derogatory remarks made by the Additional Sessions Court Judge hearing the assault matter. Suresan resigned in December 2020.In December 2021, Suresan's replacement Special Public Prosecutor Anil Kumar also handed in his resignation.Recently, the survivor had written to Chief Minister Pinarayi Vijayan calling for the trial to be allowed to continue in the light of the new allegations.Subsequently, on January 5, the Kerala Government approached the Supreme Court seeking a 6 month extension on the time limit stipulated by the top court for completion of trial. The deadline is set to expire on February 16 this year.The survivor also took to social media with her first public statement on her journey as a survivor and the many trials and tribulations she had to face since the woeful incident took place.Read more about the history of the assault case and the plea for anticipatory bail here.Note: This piece earlier said that the Court allowed prosecution to reexamine witnesses as well. The same was not correct and the error has been rectified. .[Read Order]