In a major setback tp the prosecution, the Kerala High Court on Monday allowed the anticipatory bail plea of actor Dileep and others in the latest case against them alleging conspiracy to eliminate officers probing the sexual assault of an actress in 2017.
Justice Gopinath P. granted the relief to the actor, saying that the apprehensions of the police of non-cooperation and influencing witnesses can be dealt with by imposing conditions and if these were violated, then a plea could be moved for arresting the accused despite grant of anticipatory bail.
Dileep has been asked to surrender his passport and furnish two sureties of ₹1 lakh each.
The police, opposing the plea, had claimed in the court that Dileep and the others were not cooperating with the probe, in the latest FIR against them. The actor, refuting the allegations, had contended that the case was a “fabricated one” and a “manipulation”.
Director General of Prosecution T.A. Shaji and additional public prosecutor P. Narayanan, representing the police, had told the court that the nature and gravity of the accusations against them and their conduct so far disentitled them to any relief.
The prosecution is however not planning to appeal against the bail in Supreme Court, it has been learnt.
The actor and the other accused, including his brother and brother-in-law, on the other hand, contended that they answered all the queries put to them by the police during their 33-hour interrogation spread over three days. They said they had only refused to give a confession and that was being construed as non-cooperation.
On January 9, the Crime Branch registered the latest case on a complaint filed by an investigating officer based on a purported audio clip of Dileep, which was telecast by a TV channel. In the clip, the actor was allegedly heard conspiring to attack the investigating officer.
The actor and five others were booked under various provisions of the Indian Penal Code, including Sections 116 (abetment), 118 (concealing design to commit offence), 120(B) (criminal conspiracy), 506 (criminal intimidation), and 34 (criminal act done by several people).
The actress-victim, who has worked in Tamil, Telugu, and Malayalam films, was abducted and molested on her car for two hours by some persons who had forced their way into the vehicle on the night of February 17, 2017 and later escaped in a busy area. The entire act was filmed by the culprits to blackmail the actress. There are 10 accused in the 2017 case and the police had arrested seven. Dileep was arrested subsequently and released on bail.
Those familiar with the investigation said the police faced the onerous task of proving conspiracy, involving Dileep.
(With inputs from Agencies)