KOCHI: Accused Vipin Lal, who was turned approver in the sensational actor abduction case, was released from prison as there was no directive to keep him in jail, the Viyyur Central Jail superintendent told the Additional Special Sessions court on Friday.
The official appeared before the court after a notice was issued seeking explanation on Lal's release from jail without bail.
The official filed a report stating that after Vipin was made approver under CrPC Section 306, there was no directive to keep him in jail. And since his remand was not extended in the actor abduction case, he was released in August 2018 upon getting bail in another case registered at the Infopark police station.
However, the court pointed out that when Lal was produced before the Angamaly Judicial First Class Magistrate in 2017 as part of turning him an approver, the magistrate had directed that he be sent back to jail.
The court also told the superintendent that after an accused is turned approver, an extension of remand is not required.
As per Section 306, any accused who turns approver while in judicial custody has to stay in jail until the trial is completed.
The court was also highly critical about the response of the prison officials after it sought the report. It said the report was not filed on time twice.
The superintendent replied that there had been a delay in receiving the court's notice by post. The court has decided to consider the superintendent's report again on Monday.
Meanwhile, newly appointed Special Public Prosecutor V N Anil Kumar appeared before the court on Friday. A former CBI prosecutor who is experienced in handling criminal cases, Kumar was appointed after the resignation of advocate A Sureshan.
The court said the trial should be resumed as soon as possible.
It also decided to hear pending petitions, including alteration in IPC offences charged against the accused, bail petitions of two accused and cancellation of the bail granted to actor Dileep, on Monday. It is looking to resume the trial by January 21.
So far, the court has examined around 80 witnesses in the trial of the case which pertains to the abduction and rape of a Malayalam actor inside a moving car in February 2017.
Ten accused, including Dileep, are facing trial. The trial has been at a standstill since October 2020 after the prosecution approached the Kerala High Court seeking to transfer the proceedings to another court.
The Supreme Court has set February 4, 2021, as the deadline to wrap up the trial.