Kochi: Uncertainty continues over the questioning of Malayalam actor Kavya Madhavan in connection with the further investigation into the 2017 actor assault case.
The probe team had received legal advice that Kavya could be questioned at her home as she is a witness. But Kavya needs to be questioned with the aid of digital evidence and visuals, using a projector, and by playing voice clips. Kavya's statements need to be recorded on camera as well. However, there are no technical facilities for this at 'Padmasarovaram’, the house in Aluva where Kavya and her husband Dileep resides. Due to this, she was not questioned on Wednesday.
Contrary to the situation of witnesses in other cases, Kavya Madhavan, wife of actor Dileep, is residing in the same house as that of the accused. And the probe team is looking at the impropriety of questioning the witness at the house of the accused. The probe team is also planning on questioning Kavya Madhavan along with another witness in the case, director Balachandrakumar. Balachandrakumar has also informed the probe team about the inconvenience over going to the couple's residence.
In such a scenario, the probe team has sought legal advice to check the possibility of issuing a fresh notice to Kavya for summoning her to the Aluva police club itself. Kavya came under the shadow of suspicion after a voice clip of Dileep's brother-in-law T N Suraj had surfaced.
If Kavya is issued a notice under Section 41 A of the CrPC, she would have to appear at the venue set by the probe team. The notice for appearance for questioning as per CrPC 41 A is issued to a person against whom reasonable suspicion exists even if not an accused.
Presently, Kavya has been issued a notice under Section 160 of the CrPC which is issued to witnesses. The law stipulates that the women, who are issued this notice, should be questioned at their place of residence. After receiving legal advice on the matter, the probe team will consider issuing a fresh notice.
Meanwhile, Dileep's brother Anoop and brother-in-law T N Suraj, who were issued notices to appear for questioning, did not turn up on Wednesday. Their lawyers informed the probe team that both of them were not in Kochi.
The probe team will apprise the court about the reluctance of the accused and their close relatives to appear in person for questioning. The probe team had already filed a petition in the High Court, seeking more time for the further investigation.