Thread by @barandbench

Kerala High Court is hearing the anticipatory bail plea moved by Malayalm cine actor Dileep and others who are accused of conspiring to kill police officers investigating the 2017 actress sexual assault case.
#Dileep

At the previous hearing, the court had directed dileep to hand over several phones that he dileep allegedly stopped using after Balachandra Kumar made some statements.
barandbench.com/news/kerala-hi…

Justice Gopinath P is hearing the matter.

Sr. Adv TA Shaji ( Director General of Prosecution) : why is this accused being treated specially. The only thing special about him is that he made history by giving "quotation" to commit rape.

#Dileep

Shaji : they will not co-operate with the investigation and we do not expect them to investigate this here. It is unheard of that they had so much opposition to surrendering some phones. This is revolting to common sense and logic.

#Dileep

Shaji : they acnnot be allowed to take this court and the prosecution for a ride. Let them surrender to the investigation like any other accused. Nobody in this state gets such a privilege and he cannot also.

#Dileep

Shaji : they are here claiming relief under discretionary powers. Even supreme court has stressed the importance of balancing the societal interest in granting bail.

#Dileep

Shaji : this is unheard of. The accused is dictating terms. He says he has all phones but won't submit all.

Pillai explains that 6/7 phones have been submitted to the HC registry. One remaining phone was not submitted due to lack of specifications, he says.

Shaji : the phones already produced should be sent to the crime branch. They cannot be allowed to dictate where it should be sent to be examined.

#Dileep

Gopinath J : why don't we hear this as planned on Wednesday? I will direct that the phones be handed over to you ( the prosecution)

#Dileep

Shaji : immediately after they learnt about the phones needing to be investigated, they sent it to Bombay. That itself shows everything. Will any other accused be permitted such privilege.

#Dileep

Shaji : we found about the existence of the phones through investigation of CDR. They did not reveal.

Sr. Adv Pillai ( for dileep ) : we have cooperated with investigation. We appeared for 33 hours investigation as ordered.

#Dileep

Pillai : the media is dictating what happens?

Gopinath J : the keen eyes on this case puts pressure not just on you. It's pressure on the court and prosecution also.

Pillai : I couldnt enter office today because 40-50 people were outside.

#Dileep

Pillai : the impropriety of the investigation is evident from FIS statement. How can 161 statement regarding another crime be used ? This is a conspiracy to frame the petitioner and get custody ( of Dileep)

#Dileep

Pillai : DGP says this is extraordinary case. He (Dileep) is also an indian citizen. Investigate it like a usual case.

#Dileep

Gopinath J : we will hear this on Thursday and dispose it off.

Pillai : please consider as any other case
Shaji : I won't take much time, all judgements I have relied on are placed before your lordship

#Dileep

Pillai : let it be heard tomorrow. Otherwise they will get more time to concoct evidence.

Shaji : we are prepared for it today itself.

#Dileep

Pillai : this case is based on some recorded conversation. Where is that? Where is the instrument used for recording?

Shaji : if you give the phones to crime branch we will find.

Pillai ( in Malayalam) : what is this phone phone phone. Why this obsession. What will you get

Pillai : on Friday they filed application ( to get the phones) . Half an hour before we got the notice, a media channel called me. What is this? How did they know? Investigating officer is fabricating all this

#Dileep

Shaji : fortunately this court is immune to pressure from some interested groups.

Gopinath J : we will forget all the tides and undercurrents and pass orders

Pillai : I would like to argue extensively.

#Dileep

Pillai : what about the phones?

Gopinath J : let them have it .

Pillai : we apprehend manipulation

Shaji : what is this? We have issued notice under section 91 CrPC and then we are here begging the court to get the phones.
#Dileep

Pillai ( in Malayalam) : I ( Dileep) have a 90 year old mother. Thank god she has not been accused . Other than her every one of my family members have been targeted in this case .

Note : 2 co accused are Dileep's brother and brother-in-law

#Dileep

Pillai ( in Malayalam) : they sent notice at 12 pm. They haven't said what material is in the phone that they want to get. They haven't mentioned any purpose. This is nothing but a roving enquiry .

#Dileep

Pillai : DySP Baiju Paulose ( IO) is the informant here. Where is the First Information Statement?

Gopinath : we will consider tomorrow at 1:45. We will decide about the phones also then

#Dileep

Hearing ends.
End of thread