Kerala High Court cancels anticipatory bail granted to Civic Chandran in sexual harassment case of Dalit writer

The Kerala High Court on Thursday cancelled the anticipatory bail granted to activist Civic Chandran in a case of sexual harassment of a member of a Scheduled Caste community [State of Kerala v Civic Chandran].Single-judge Justice A Badharudeen passed the order cancelling the anticipatory bail on the appeals moved by the State government and the complainant. "Having appraised the facts of the case with a view to find whether a prima facie case is made out alleging commission of offences under Section 3(2)(va) and 3(1)(w)(i) of the SC/ST Act, the said case is specifically made out. That apart, a non bailable offence under Section 354 of IPC also is made out. In such a case, the finding entered into by the Special Judge giving a clean chit to the accused at the investigation stage itself cannot be justified so as to anull the entire prosecution even before completing the investigation," the judgment said..The Court further said that it was clear from the materials on record that the accused was aware that the defacto complainant belonged to Scheduled Caste."In this matter, the accused and defacto complainant are very familiar to each other as could be discernible from the prosecution records and other materials. Therefore, the required knowledge of the accused that the defacto complainant is a member of Scheduled Caste is well discernible from the materials available as ascribed in Section 3(2)(va) of the SC/ST Act" the bench stated..In August, 2022, Chandran was granted bail by a Kozhikode Sessions Court in two cases of sexual harassment, with the primary distinction being that the first case also involved offences punishable under the SC/ST (Prevention of Atrocities) Act, 1999.On August 2, Chandran was granted bail in a case alleging commission of sexual harassment punishable under Sections 354, 354 A(1)(ii), 354 A(2), 354 D(2) of Indian Penal Code (IPC) and relevant provisions under the SC/ST Act.While granting bail in the matter, Kozhikode Sessions Judge S Krishnakumar, observed,"It is highly unbelievable that the touching or hugging as alleged by the victim that the accused had a knowledge (sic) about her case, the accused is a reformist and is engaged in social activities against the caste system. He is writing and fighting for a casteless society. In such a circumstance, it is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of scheduled caste."Today, the High Court set aside this order, thereby cancelling the anticipatory bail granted in this case..Ten days later, on August 12, the same judge granted him bail in another case involving offences punishable under Sections 354A(2) (sexual harassment), 341 (wrongful restraint) and 354 (assault or criminal force to woman with intent to outrage her modesty) of the IPC.In the order granting bail, the judge observed that a case of sexual harassment complaint Section 354A of the Indian Penal Code (IPC) will not prima facie stand if the woman was wearing a “sexually provocative dress”While granting bail in the matter, Kozhikode Sessions Judge S Krishnakumar, observed,"It is highly unbelievable that the touching or hugging as alleged by the victim that the accused had a knowledge (sic) about her case, the accused is a reformist and is engaged in social activities against the caste system. He is writing and fighting for a casteless society. In such a circumstance, it is highly unbelievable that he will touch the body of the victim fully knowing that she is a member of scheduled caste."The High Court had, on October 13, upheld the anticipatory bail granted in this matter. However, it expunged the controversial remarks. .[Read Judgment]