"This is a mockery:" Dileep to Kerala High Court on case of conspiracy to kill police officers

Malayalam actor Dileep on Tuesday opposed the allegations against him on the basis of which a new first information report report (FIR) was registered by the Kerala Police, in which he has been booked for conspiring to kill police officers who were investigating a sexual assault case against him [P Gopalakrishnan alias Dileep & Ors. v State of Kerala & Ors.]..The actor and his associates are already being tried for conspiring to set the wheels of a revenge crime in motion against a female actor in the Malayalam film industry, by having her abducted, sexually assaulted, and photographed..Regarding the fresh case registered against Dileep, his counsel argued before the Court that the whole case was hatched up and that even though there is no likelihood of arrest in his opinion, the plea has been moved as it involves high profile individuals. "This is a mockery. The trial is almost complete. The Investigating Officer(IO) is to be examined on 29th. On December 25, a person (Balachandra Kumar) comes on TV and says that 4 years and 40 days ago he had come to know that there was a connection between the first accused (in the sexual assault case and the eighth accused (Dileep)... On 29th, IO says he must not be examined as of now," the counsel submitted..At the request of the counsel who informed the Court that Senior Advocate B Raman Pillai, who will be leading the case, is unwell at the moment, Justice Gopinath P posted the matter for hearing on Friday. .On January 3, the Investigating Officer in the case had informed the Additional Sessions (CBI special No III) Court in Ernakulam that further investigation would be necessary after statements were made by film director Balachandra Kumar regarding Dileep's alleged involvement in the case. Kumar had also released audio clippings of Dileep and his associates which revealed his intention to take revenge on the police officers investigating the case.Subsequently, the Crime Branch of the Kerala Police registered a new FIR against Dileep and five others for allegedly threatening the investigation officials.Dileep and other accused including his brother and brother-in-law 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 Indian Penal Code.This prompted Dileep, his brother P Sivakumar and his brother-in-law TN Suraj to approach the High Court for anticipatory bail through advocates Philip T Varghese, Thomas T Varghese, Achu Shubha Abraham, Litha VT, Monisha KR and Nitya R..It is the claim of the petitioners that the registration of the FIR, that too directly by the Crime Branch, is nothing but "a vindictive and retaliatory act" of Deputy Superintendent of Police Baiju Poulose, Crime Branch.It was pointed out that Dileep had earlier initiated criminal contempt proceedings against Poulose allegedly for causing obstruction of administration of justice and notice was issued on the same by the Additional Special Judge on January 4. Moreover, the alleged recordings referred to in the FIR are a product of fabrication and doctoring and no reliance whatsoever can be placed on it."The allegation in the FIR would show that it at the most amount to talk between certain individuals and there is no instigation, no meeting of mind or no act which can be even termed as a criminal offence", the plea said.A brief history of the caseSix persons were arrested and arrayed as accused after the female actor was driven around in a car and sexually assaulted, allegedly at Dileep’s behest.It was alleged that the victim had a role to play in Dileep’s separation from his wife.In July 2017, Dileep was arrested and charged under various offences under the IPC, including Sections 366 (kidnapping), 120B (criminal conspiracy) , and 376D (gangrape).His first two attempts at getting bail were rejected by the Kerala High Court until October 2017 when the Court finally granted him bail after he had remained in custody for 83 days.Dileep had dispensed with the services of Senior Advocate K Ramakumar after the first failed attempt, and hired Senior Advocate B Raman Pillai to represent him.In November 2019, the Supreme Court partly allowed a plea filed by the actor seeking access to a memory card which contains video footage of the assault. While he was not permitted to receive a copy of the memory card, he was granted permission to inspect the contents of the same – subject to some caveats – in order to present an effective defence. Nearly a year later, citing several instances of the case being delayed on various pretexts, and certain allegations and imputations being made against the Prosecutor and the Special Prosecutor specifically, the prosecution prayed for leave to move the High Court for a transfer of the case.However, in November 2020, the Kerala High Court dismissed the petitions filed by the prosecution and the survivor to transfer the trial from the Additional Sessions Court presently hearing the matter to another Judge.Prior to that, the Additional Special Sessions Court had rejected the plea to transfer the trial.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.On Monday January 10, the survivor 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.