The Application was under Section 438 CrPC (Anticipatory Bail). The complainant alleged that the accused caught her hand, forcefully took her to a lonely place and caressed her breast in an attempt to outrage her modesty at Nandi Beach. Consequently, an FIR was lodged under Section 354 A (2) (Sexual Harassment and punishment), Section 341(Punishment for Wrongful Restraint), and Section 354 (Assault of Criminal force to outrage the modesty of women) of the Indian Penal Code.

The Sessions Court expressed disbelief that the 74-year-old physically disabled accused could forcefully put the de facto complainant in his lap and could press her breast sexually.

The Sessions Court observed that from the wordings of Section 354 it is very clear that there must be an intention on the part of the accused for outraging the modesty of a woman. Section 354A deals with sexual harassment and its punishments; to attract this Section there must be physical contact and advances involving unwelcome and explicit sexual overtures, and there must be sexually colored remarks or demands or requests for sexual favors.

The Kozhikode Sessions Court noted in the order that it is a well-settled principle that when there is a long delay in lodging an FIR, then the reason for the delay must be properly explained. Here, the FIR was lodged two years after the alleged date of crime. It also said that the photographs produced along with the bail application by the accused would reveal that the de facto complainant herself is exposing to dresses which are sexually provocative. Court said that in such a case Section 354A will not prima facie stand against the accused.

Please note: The Kerala High Court has stayed this order of the Session Court.