Kerala Actor Assault Case: Spl Prosecutor A. Sureshan Returns Brief After Dismissal Of Transfer Petition By Kerala High Court

This means that the counsel shall no longer represent/ appear in the matter.

Sureshan had urged the Trial Court to postpone the criminal proceedings and had sought time to file a petition in the High Court seeking transfer of the case to some other court. He had taken exception to certain statements and remarks said to have been made by the Judge during the course of witness examination during trial.

In October 2020, this application was dismissed by the Additional Sessions Judge (SPE/CBI-3) Ernakulam, as the "prosecutor was absent in the case and the counsel representing him was reluctant to argue the case".

Subsequently, the prosecution moved a transfer application before the High Court stating that the victim was aggrieved by the "biased and hostile" attitude of the presiding judge.

In the transfer application, the actor alleged that judge sat like a "mute spectator" when she was harassed by the lawyer of prominent actor Dileep, who is the alleged mastermind behind the crime. She further alleged that the trial judge refused to record certain portions of her testimony without any justification, despite repeated requests made by the Prosecutor.

The application was dismissed by the High Court on Friday while holding that mere allegation of apprehension of judicial bias is not enough and the court has to see whether such apprehension is reasonable or not.

No Change Of Trial Judge In Actor Sexual Assault Case; Kerala High Court Dismisses Transfer Pleas Of Victim & Prosecution

A single bench of Justice V G Arun, who had earlier stayed the trial proceedings in the case, directed that the proceedings should resume from Monday, November 23.

Prominent Malayalam film actor Dileep is accused of hatching the criminal conspiracy behind the abduction and the sexual assault of the victim, also an actor, in a moving vehicle in the outskirts of Cochin city in February 2017.

The Kerala Police had arrested Dileep in July 2017 alleging that he was the mastermind of the crime. After 88 days of custody, the High Court granted him bail.

The trial was specially assigned to Court of Additional Sessions Judge (Special/CBI)-III, Ernakulam by the High Court at the request of the victim for a woman judge to try the case.

The prosecution has so far examined 80 witnesses in the case, including certain prominent actors of the Malayalam film industry. Some of them have reportedly turned hostile. The victim of the crime has also given her statement.