[Rape case against actor Vijay Babu] "Are you playing to the gallery or getting justice for victim:" Kerala High Court to Prosecution

The Kerala High Court on Wednesday opined that it might be beneficial to grant interim bail to Malayalam actor-producer Vijay Babu who is absconding after a rape case was registered against him on the complaint by an actress [Vijay Babu v State of Kerala]. .Justice Gopinath P observed that Babu has been in Dubai since the case was registered and that it would be better to grant him interim protection so that he comes back to India. Stringent conditions can then be imposed and the Court can then decide on his bail plea, the judge suggested. However, the prosecution vehemently opposed the suggestion claiming that Babu has been absconding and, therefore, is not entitled to any relief from the Court, interim or otherwise. They claimed that even without the Court's assistance in bringing him back to India by granting him interim protection, the prosecution and the investigating agencies would catch him at some point.This prompted Justice Gopinath to remark that the Court is trying to help the prosecution to secure justice for the victim as well as help Babu get a fair bail hearing. "I think this would be a reasonable way. You all think about it. We will hear it tomorrow. Are you playing to the gallery or trying to ensure the victim gets justice? If we don't bring him here, how will she get justice," Justice Gopinath orally remarked. The Court also reminded the prosecution about the chance that Babu might never come back and the case slipping out of their hands, just as it had happened in the Mehul Choksi case..The Court was considering the anticipatory bail application filed by Babu, through Advocate S Rajeev, contending that the complaint against him was nothing but an attempt to blackmail him.He also alleged that the police is guided by the intense media scrutiny and speculations relating to the case."The investigating officer never cared to verify documents to ascertain the veracity of allegations. The call records as well as the social media messages sent by the victim would shatter her case. The documents are very essential for the proper disposal of the case," the plea said with regard to some pictures and WhatsApp conversations between Babu and the de-facto complainant. Claiming that the evidence would show that there wasn't any non-consensual relationship, Babu approached the court seeking anticipatory bail under Section 438 Code of Criminal Procedure. .At the previous hearing on Monday, May 23, the Court declined to grant him any relief as Babu has been in Dubai ever since the case was registered.Justice Gopinath orally instructed Babu's counsel to submit airline tickets confirming his travel to India before the Court even considers the plea..The case was registered on the basis #MeToo revelations made by a debutante- actress alleging that Babu sexually exploited her under the guise of considering her for acting roles.A complaint was subsequently registered with the Ernakulam Police. The police issued a look out notice against him as he has allegedly been absconding since the case came to light.However, Babu went online on Facebook Live and denied all allegations raised against him.Significantly, he revealed the name of the survivor during the course of the live-streaming.A separate case was then registered against Babu under Section 228A (disclosure of the identity of the victim in certain offences) of the Indian Penal Code.In light of the heavy backlash and criticism of the video, Babu later removed the video from Facebook..The matter will be considered again on Friday, May 26.