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Kerala HC Denies Bail To Actor Dileep In Actress Molestation Case [Read Order]

LIVELAW NEWS NETWORK
24 July 2017 5:14 AM GMT
Kerala HC Denies Bail To Actor Dileep In Actress Molestation Case [Read Order]
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Kerala High Court dismissed the bail application of Malayalam film star Dileep in the actress sexual assault case.Justice Sunil Thomas had reserved the order in the bail application on Friday.Senior Advocate K. Ramkumar had submitted that the investigation in the case is over and there is no need to keep the accused in further custody.Director General of Prosecution Manjeri Sreedharan...

Kerala High Court dismissed the bail application of Malayalam film star Dileep in the actress sexual assault case.

Justice Sunil Thomas had reserved the order in the bail application on Friday.

Senior Advocate K. Ramkumar had submitted that the investigation in the case is over and there is no need to keep the accused in further custody.

Director General of Prosecution Manjeri Sreedharan Nair opposed the bail application strongly. The DGP submitted that the investigation is progressing well in the right direction and granting of bail to Dileep at this crucial juncture would affect the further investigation.

Prosecution relied on the materials available on record to contend that investigation has gathered sufficient materials to establish the role of the petitioner in the conspiracy.  They fall into two categories. Those  materials prior to the actual commission of offence and the conduct of the accused subsequent to the commission of offence.

Tthe conspiracy angle is sought to be established by alleging that the petitioner herein had met the first accused at five different specified places, where the conspiracy was hatched. One was in a hotel wherein the petitioner allegedly instructed the first accused to commit the act and offered to pay the huge amount. Hotel records are relied on by the prosecution to establish that room was booked in the name of the petitioner herein. The presence of both the petitioner and the accused at all the five places at the same time is sought to be established by call record details, tower location of mobiles or by direct oral evidence, gathered by the investigation. The disclosure made by the first accused about the conspiracy hatched with the petitioner, in the investigation and those made to others have led to discovery of several crucial materials and facts

The High Court observed that " The case is unique, considering its seriousness, meticulous planning, cruel nature of execution and being a crime executed to wreak vengeance on a woman by engaging criminals, to sexually abuse her. Courts have to be circumspect in granting bail in such cases".

"There is yet another major reason which prompts rejection of bail application. The crucial material object which is the mobile phone used for recording the sexual assault and the memory card in which the video graphed materials are stored have not been recovered. The memory card is a potential threat to the life of the victim and there is every possibility of any of the accused attempting to interfere in the investigation and the prosecution with the memory card.

The Court held that the petitioner, being a noted film actor, is also involved in the distribution and production of films and is also owner of a theater. Definitely, he must be wielding considerable command on the industry. Hence, the possibility of the petitioner influencing or threatening the several witnesses, who are also from the same industry, cannot be ruled out.

Read the Order Here

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