Kerala HC declines to quash murder conspiracy case against actor Dileep or transfer it to CBI
Kochi, Apr 19: The Kerala High Court on Tuesday declined to quash an FIR accusing actor Dileep and others of conspiring to threaten and kill the officials probing the 2017 actress assault case or to transfer the conspiracy case to the CBI for investigation.
Justice Ziyad Rahman A A dismissed Dileep's plea in which the actor had alleged that the murder conspiracy FIR was an outcome of a personal animosity against the actor as all the male members of his family have been implicated in it.
"The Criminal MC (the petition) is dismissed," the court said.
The detailed order containing reasons for the decision is awaited.
Dileep, in his plea filed through advocate Philip T Varghese, had claimed that there was absence of any material in the murder conspiracy FIR to indicate commission of any of the offences attributed to the accused and the entire case was based on something allegedly "wished" by him.
The Crime Branch, represented by Director General of Prosecutions (DGP) T A Shaji and Additional Public Prosecutor P Narayanan, on the other hand had contended before the court that the allegations in the FIR make out offences which warrant setting in motion of the investigation machinery.
They had contended that the alleged utterances by the accused of threatening to harm the officials indicated what was in their mind and was a "manifestation" of their agreement or conspiracy.
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), 120B (criminal conspiracy), 506 (criminal intimidation), and 34 (criminal act done by several people) and later Section 302 was also added to it for allegedly conspiring to murder the officials probing the 2017 actress assault case.
The actress-victim, who has worked in Tamil, Telugu and Malayalam films, was abducted and allegedly molested in 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 those persons to blackmail the actress.
There are 10 accused in the 2017 case and police have arrested seven. Dileep was arrested subsequently and released on bail.