Kerala High Court Expresses Discontent With Dileep Refusing To Hand Over His Phone To Prosecution

The Kerala High Court will hold a special sitting tomorrow to decide if actor Dileep should surrender his phones to the investigating agency in the recent case of alleged criminal conspiracy to kill police officers investigating the sensational 2017 sexual assault case.

Justice Gopinath P. posted the matter to be heard in detail tomorrow at 11 am after Dileep's counsel Advocate Philip T Varghese sought time to file an objection in the matter. He added that Senior Advocate Raman Pillai will appear for Dileep. 

The counsel also argued that the prosecution had no material to prove the case and that it was 'embarking upon a witchhunt'.

The Court was prima facie of the opinion that the actor should hand over the phones to the investigating officer:

"When something is required for the investigation, how can this court ask you not to reveal it to the investigating agency merely because it contains self-incriminating material?"

The developments ensued after the prosecution submitted an application today accusing Dileep and his men of attempting to destroy critical evidence in the ongoing investigation. This was filed in the anticipatory bail plea moved by the actor and others.

The Crime Branch had sought a direction to the petitioners to immediately surrender the specified mobile phones which they refused to hand over to the investigating officer during interrogation.

It was added that although the accused made themselves available for the interrogation as directed by the Court, they refused to hand over the mobile phones they used prior to January 2022 to the investigating officers.

When asked to surrender the same, they apparently denied to do so taking a stand that notice under Section 91 is not maintainable and that the mobile phones were sent for forensic examination through their lawyers.

Therefore, the prosecution argued that the accused had purposefully removed their mobile phones and attempted to conceal and thereby destroy the evidence under the pretext of sending it to examination.

Further, it was pointed out that although the investigating agency is empowered to seize the concealed mobile phones by recourse to the provisions under the CrPC, it was felt appropriate for the matter to be brought to the notice of the Court and seek a directive to the petitioners to surrender the mobile phones used by them prior to the first week of January, 2022 before the investigating officer.

They added that since the main allegation against them is the commission of criminal conspiracy to harm the life of the investigating officers, digital evidence is of most importance to unearth the offence.

Therefore, the prosecution asserted that the mobile phones used by the petitioners for a considerable period after 2017 are primary materials to be subjected to examination as a part of the criminal investigation and that they are absolutely necessary to be taken into custody for the purpose of investigation.