MeToo: Kerala High Court grants anticipatory bail to bridal makeup artist Anez Anzare

The Kerala High Court on Monday granted anticipatory bail to bridal make-up artist Anez Anzare, accused of sexually assaulting several woman under the guise of applying their make-up [Anez Anzare v. State of Kerala]..Justice Gopinath P opined that custodial investigation may not be necessary to investigate the cases registered against Anzare, and granted him anticipatory bail subject to certain conditions. "Further taking into account the allegations raised against the petitioner I am of the view that the custodial interrogation of the petitioner may not be necessary for a proper investigation into the cases registered against the petitioner. I am, therefore, inclined to allow these bail applications," the Court said in its order..Anzare moved the High Court for anticipatory bail in four cases registered against him alleging the commission of offences under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354-B (assault or criminal force to woman with intent to disrobe), 354-A(1)(i) and 354-A(2) (sexual harassment) of the Indian Penal Code. Three of the crimes were registered on the basis of complaints filed by the bridal makeup artist's clients. The gist of the allegations was that when women went to his studio, Anzare touched them inappropriately under the guise of applying makeup, going so far as to pull down their innerwear. Some claimed that he asked inappropriate questions with sexual innuendo, directly and over text messages. One of the crimes was registered on the basis of a complaint filed by a woman who had been appointed as an accountant at Anzare's studio. She alleged that under the guise of showing her around the studio, Anzare started touching and groping her. .Counsel for Anzare vehemently contended that the allegations were completely baseless and false, raised with the intention to drive his client out of business. He alleged that the complaints were raised at the behest of one Priya, who was earlier associated with Anzare.He pointed out that the allegations against Anzare surfaced immediately after an allegation of rape was raised against tattoo artist, PS Sujeesh. The media attention that case garnered prompted Priya to start a social media campaign against Anzare, he claimed. .The prosecution opposed these claims and submitted that the de facto complainants in the cases have no apparent connection with each other..For one of the cases, the Court considered the submissions made by a foundation named M/s Jenika Charity Foundation, a registered trust providing grass-root level service to survivors of domestic violence, sexually abused women, and mentally and physically disabled persons. It was submitted by the foundation that the modus operandi of Anzare was to sexually abuse women who come for bridal make-up, on the day of their marriage, so that they will not reveal the incident to any person or dare to make a complaint. .The Court said that the allegations raised against Anzare are, no doubt, serious. It noted that of the offences registered against him in the four cases, the non-bailable offences are those under Section 354 and 354B of the Indian Penal Code. The maximum penalty for the offences alleged against Anzare in these cases is imprisonment for a term which shall extend to 7 years.Going by the guidelines for granting bail issued by the Supreme Court in Siddharth v. State of Uttar Pradesh , the Court deemed it appropriate to grant anticipatory bail, subject to certain conditions..Advocates S Rajeev, V Vinay, MS Aneer, Sarath KP, D Feroze and CJ Jiyas appeared for Anzare. Public Prosecutor MC Ashi represented the State..The accusations against Anzare and before him, tattoo artist Sujeesh, has renewed the conversation around women's safety in Kerala, especially in spaces like tattoo studios and parlours. The floodgates to the accusations opened when an anonymous post on Reddit, recounting the rape of a woman allegedly at the hands of Sujeesh, gained traction across several social media platforms.Other women joined in with their own harrowing experiences and several cases were registered against the tattoo artist, alleging rape and sexual assault. He was arrested and remained in custody for a month until the Additional Sessions Court at Ernakulam recently granted him bail. By then, the allegations against Anez Anzare had also surfaced..[Read Order]