Kerala High Court allows impleadment of survivor actress in Dileep's plea to quash further investigation into assault case

The Kerala High Court on Monday permitted the survivor in the 2017 actress abduction and assault case to be impleaded as an additional respondent, in the plea moved by Malayalam cine actor and accused in the case, Dileep to quash any further investigation into the case [P Gopalakrishnan alias Dileep & Ors. v State of Kerala & Ors.]..Even though Dileep's counsel argued against allowing the survivor to be part of the case, Justice Kauser Edappagath recorded their opposition but allowed it as he opined that she definitely has sufficient cause to be an interested party."Considering the fact that the petitioner is the victim, she definitely has interest in the matter. The petition is allowed," the Court's order said..The survivor had sought fresh investigation after film director Balachandra Kumar levelled some accusations against Dileep, the alleged mastermind behind her abduction and rape.She had written to Chief Justice of India NV Ramana expressing her concerns regarding the leak of a video of her assault. The High Court recently initiated a probe into it. The survivor was represented by Senior Advocate S Sreekumar..Dileep and his associates are being tried by at the Additional Sessions (CBI special No III) Court at Ernakulam for allegedly planning and executing a revenge crime against a prominent actress by having her abducted, sexually assaulted, and photographed in a moving vehicle.The trial which has seen its share of controversies was nearing completion when a film director Balachandra Kumar gave an interview and released some audio clips indicating close association between Dileep, the 8th accused in the case, and Pulsar Suni, the 1st accused. On January 3, the Investigating Officer (IO) in the case had informed the CBI Special Court that further investigation would be necessary in light of the new allegations.The clips and Kumar's statements revealed a conspiracy to kill the police officers who were involved in the investigation, and a new FIR was registered against Dileep and 5 others. He then approached the Court along with the other accused seeking anticipatory bail.While arguing on behalf of Dileep seeking anticipatory bail, Senior Advocate B Raman Pillai had 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.All the accused were granted anticipatory bail on February 7..Dileep then approached the High Court to prevent any further investigation into the sexual assault case or in the alternative, hand over the investigation to the CBI.In this plea, Dileep has repeated his allegation that registration of the FIR in the news case is nothing but "a vindictive and retaliatory act" of Deputy Superintendent of Police Baiju Poulose, Crime Branch.It was contended that the supposed victims of the new FIR, a DGP, IG, two SPs and a DySP are all working with the Crime Branch and were involved in the preparation of the final report in the 2017 actress sexual assault case. It was argued that the same impedes his right to a fair trial guaranteed under Article 21 of the Constitutiton. Dileep was represented by Senior Advocate B Raman Pillai and advocates Philip T Varghese, Thomas T Varghese, Achu Shubha Abraham, Litha VT, Monisha KR and Nitya R..The State prosecution had recently approached the Supreme Court seeking an extension of time to complete the trial in the assault case. The top court had disposed of the same stating that it was up to the trial court to take an appropriate decision in that regard. In the meantime, the Kerala High Court allowed the prosecution, led by Director-General of Prosecution Senior Advocate TA Shaji, to summon 5 additional witnesses. .Dileep has 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.The High Court had in that matter ordered the Kerala Police to investigate into the allegations that news channel Reporter TV and other media outlets violated a trial court order that had issued a gag order restraining the media from reporting proceedings in the actress assault case in which Dileep is one of the main accused.