Facts of the Case:

The Kerala High Court granted anticipatory bail to Malayalam actor Mr. B in a sexual assault case filed in 2024, following the publication of the Justice Hema Committee Report. The complainant alleged that Mr. B sexually assaulted her during the filming of a movie in 2007. The FIR was registered at Cantonment Police Station, Thiruvananthapuram, on September 30, 2024, marking a delay of 17 years since the alleged incident. The complainant did not provide a plausible explanation for the significant delay in lodging the complaint.

The case attracted attention due to Mr. B ‘s stature in the film industry. Known as an actor, director, and scriptwriter, he has directed over 40 films and received accolades, including two National Awards and the Padma Shri.

Contention of the Petitioner:

Mr. B, represented by his counsel, strongly refuted the allegations, claiming they were fabricated with malicious intent to tarnish his reputation and extort money. He argued that the delay of 17 years in filing the complaint severely undermined the credibility of the accusations. He emphasized his long-standing reputation as a respected figure in the film industry and contended that the complaint was an attempt to malign his image publicly, rather than a genuine pursuit of justice.

Contention of the Respondent:

The complainant maintained that the alleged assault occurred during the production of a film in 2007. However, the Public Prosecutor representing the state argued that, given the serious nature of the allegations, granting anticipatory bail could impede the ongoing investigation. The prosecution requested time to submit a detailed report, opposing Mr. B’s bail application.

Court’s Observation:

The Kerala High Court, expressed concern over the 17-year delay in lodging the FIR, noting the absence of a reasonable explanation from the complainant. The Court emphasized the principle of fairness in legal proceedings and the right to dignity for all individuals, irrespective of gender. While dictating the order, the Court remarked, “It is an admitted fact that the alleged incident happened in 2007. It is an admitted fact that the victim filed the complaint after 17 years of the alleged incident. It is also admitted that the petitioner is a known cine artist, he is also known as a film actor, director, and scriptwriter. He directed about 40 films and obtained two national awards. The nation awarded him by giving a Padma Shri. Based on a statement of a lady, that too after 17 years, this case has been registered. It is true that investigation is going on, but everybody must remember that the right and dignity is not only to a woman but to men also. This is a fit case to grant bail to the petitioner in the interest of justice.”

Previously, Justice C.S. Dias had granted interim bail to Mr. B, observing that the complainant had failed to provide a plausible explanation for the inordinate delay in filing the FIR. He stated, “I am satisfied that the petitioner has made out a prima facie case for an interim order.” Justice Dias also imposed conditions for the interim bail, including the execution of a bond for ₹1,00,000 with two solvent sureties.

– Credits: By Anaida Khan Pursuing 5th year of BALLB (Hons.) from Dharmashashtra National Law University, Jabalpur