Kerala High Court grants bail to Boby Chemmanur in sexual harassment case

The Kerala High Court on Tuesday granted bail to businessman Boby Chemmanur in connection with the sexual harassment case filed against him by a malayalam actress for allegedly making comments laced with sexual innuendos during a public event [CD Boby @ Dr. Boby Chemmanur v. State of Kerala]..Justice PV Kunhikrishnan said that bail will be granted subject to certain conditions and that a detailed order will be uploaded later in the day, around 3.30 PM. The judge was, however, critical of the comments allegedly made by Chemmanur. The Court noted that when Chemmanur referred to the actress as 'Kunthidevi', there was a double meaning to it."Do not argue on merits you only want bail right, if you argue on merit I will not agree with you," the judge had warned during the hearing. The judge added that the fact that the actress did not react right away to Chemmanur's conduct at a public event only indicated her restraint."That shows her decency, that she did not do anything during the function," he said.The judge, however, said that he will grant bail subject to certain conditions. .A malayalam actress had filed a complaint alleging Chemmanur of making sexual remarks against her which triggered others to make obscene and sexually inappropriate comments about her on social media and other platforms.Prior to approaching the police, the actress had issued public warnings on social media, condemning the harassment and cautioning against further abusive behavior.Chemmanur was arrested on January 8 in Wayanad and charged under Sections 75(1)(i) (physical contact and advances involving unwelcome and explicit sexual overtures) and 75(1)(iv) (making sexually colored remarks as sexual harassment) of the Bharatiya Nyaya Sanhita (BNS) and Section 67 (publishing or transmitting obscene material electronically) of the IT Act.On January 9, Chemmanur’s initial bail application was dismissed by the Judicial First Class Magistrate-II, Ernakulam.The Magistrate, while rejecting his claims of innocence, observed that Chemmanur’s comments made towards the actress during a jewellery store inaugural event were prima facie laced with sexual innuendo. Following the dismissal, Chemmanur was remanded to judicial custody for 14 days..In his High Court petition, Chemmanur had stated that the allegations were fabricated and orchestrated as part of a publicity stunt. Additionally, he claimed that all relevant evidence was already available in the public domain, making further custodial investigation unnecessary. He contended that his arrest violated the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar and also alleged procedural bias, claiming that the Magistrate who heard his bail application had earlier recorded the actress's statement, causing him undue prejudice.The State opposed the bail plea, stating that Chemmanur has continuously been making sexually coloured remarks on social media. "This is the kind of message that goes out to the society and his acts are being acceptable to the public also, as they are having an impression that anybody can post something about any person without any basis," the Government Pleader had argued. After hearing the rival submissions, the Court granted bail. .Senior Advocate B Raman Pillai and advocates MR Dhanil, Geo Paul, Sujesh Menon VB, Senitta P Jojo, Vidhuna Narayanan, and T Anil Kumar represented Chemmanur.[Read Order]