'Rape Quotation, Conspiracy To Kill Investigating Officers First Time In History Of State' : Prosecution Opposes Dileep's Pre-Arrest Bail Plea

In response to the pre-arrest bail plea moved by actor Dileep before the Kerala High Court, the Superintendent of Police, Crime Branch has filed a statement today vehemently opposing the grant of such bail. 

The application was preferred in the case registered by the Kerala Police where he has been booked for conspiring to kill police officers investigating the sensational 2017 sexual assault case.

Filed through Additional Public Prosecutor P. Narayanan, the statement elaborates on the offences alleged against the prominent Malayalam actor and the reasons why granting an anticipatory bail would impede the ongoing investigation against him and his men. 

It submits that the entire case is a unique one in itself in the history of the State. 

"It is perhaps the first time after the enactment of the Penal Code that a quotation has been given to a criminal gang to commit a sexual offence including an offence under Section 376 of IPC. Further, it is the first time in the history of the State that a person accused of a serious offence hatched a criminal conspiracy to harm the life of even the investigation officers." 

It is submitted that the powers under Section 438 CrPc are purely discretionary. It can only be exercised considering the nature and gravity of the accusation as well as the antecedents of the applicant. Therefore, the nature and gravity of the accusation and the antecedents of the applicants are all of prime consideration. 

In the backdrop of the rigour of the above statutory provision, the applicants are not entitled to the discretionary relief of pre-arrest bail at all.

It is pertinent to submit that right from the commission of sexual offences as alleged, the actor has been making all efforts to extricate himself from the clutches of law. 

In fact, after the preliminary investigation of the case, the petitioner herein had not been identified as an accused in the final report. It was only after a subsequent investigation that the active involvement of the petitioner being the kingpin of the crime was unearthed. 

It is alleged that the actor attempted to thwart the legal process at each and every stage of the proceedings of the case. He allegedly approached the court with several petitions, most of them frivolous and flimsy, which ultimately reached the Supreme Court. 

At every stage of the case, the first petitioner and his men have been trying to put stoke on the wheels of the legal process and at the same time now he is clamouring that it is the prosecution that is trying to protract the proceedings. 

The statement further revealed that special prosecutors appointed by the State had to resign alleging that the atmosphere in court was not congenial to which the contribution of the actor is explicit. 

It is also pointed out that as many as 20 prosecution witnesses have turned hostile in an effort to aid Dileep. On these grounds, the clear role of the petitioner and his men were argued to be quite evident. 

"Having regards to the facts and circumstances of the case and considering the involvement of the petitioners in serious offence and that too to harm the life of the personnel of the law enforcing officers of the State, the petitioners are not entitled to invoke such extraordinary discretionary remedy of pre-arrest bail," the statement reads. 

Additionally, it has been submitted that the investigation on the case is at its initial stage and that the petitioners are highly influential in the society in all respects, capable of interfering with the investigation and influencing the prospective witnesses. 

In fact, the statement highlighted how the materials collected by the Crime Branch indicates the dangerous state of affairs wherein the life of the police officers who bonafide discharged their official responsibilities are under threat. 

"They (investigating officers) are entitled to be insulated against the nefarious designs of criminal elements", the statement says. 

It was indicated that this was not merely an ordinary case of criminal conspiracy, but a case of criminal conspiracy to do away with the investigating officers in a case wherein one of the petitioners was found to be the kingpin. 

They pressed that a custodial interrogation in the matter was inevitable. 

The statement also emphasised that several Supreme Court decisions had established that for investigation of criminal conspiracies, custodial interrogation is absolutely necessary. 

"Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often, interrogation in such a condition would reduce to a mere ritual." 

Therefore, it was asserted that if they were released on bail, the investigation would be sabotaged and that it would put at risk the possibility of a free and fair investigation. 

On these grounds, it was prayed that the anticipatory bail application be dismissed. 

What Are The Allegations Against Dileep?

The allegation raised in the new FIR is that the petitioners gathered in a private hall and criminally conspired to endanger the life of Investigation officer Baiju Paulose and Supervisory officers of the case to wreak vengeance against them for arraigning Dileep as the accused in the case.

Apparently, film director Balachandra Kumar was a witness to this incident. According to the statement, he filed a complaint to the Chief Minister and subsequently disclosed these facts in an interview on a television channel.

Later on, the director moved a complaint before the Station House Officer as well, which was forwarded to the investigating officer.

It is also stated that Balachandrakumar produced a pen drive containing the videos and photos of the said discussion between the actor and his men.

Thereafter, the Investigating Officer submitted a report to the Additional Director General of Police, Crime Branch. It was based on this report that a new FIR was lodged against Dileep.