Kochi: The Kerala High Court on Thursday quashed the anticipatory bail granted to noted writer and social activist Civic Chandran by the Kozhikode Sessions Court.
The HC was considering a plea filed by the complainant and the state government challenging the Sessions Court order.
The High Court had earlier expunged the remarks by the Kozhikode Sessions Court that the attire of the survivor at the time of the alleged assault was ‘sexually provocative.’
According to the complaint filed against Chandran, he had behaved indecently and grabbed the survivor while she was relaxing on the beach after a literary camp on February 8, 2020.
Subsequently, the Koyilandy police filed a case against Chandran on July 29, 2022 based on the complaint. However, the Sessions Court granted him anticipatory bail. In its judgment, the Sessions Court had made the controversial observations on the dress of the survivor after examining some photos from social media produced by Chandran’s lawyers.
The case
According to Live Law, the petitioners argued that the order is against the spirit of the special law enacted for Prevention of Atrocities against the people belonging to SC/ST community.
The accused was booked in a sexual harassment case punishable under Sections 354, 354 A(1)(ii), 354A(2), 354 D(2) IPC and relevant provisions under the SC/ST(Prevention of Atrocities) Act, 1999.
The prosecution case is that in February 2022, the de facto complainant, a Dalit writer, had organised a function in connection with the publication of her book at Nandi. After the function, the accused allegedly sexually assaulted the complainant by kissing the back side of her neck without her consent. The accused outraged the modesty of the victim with the knowledge that she belonged to Scheduled Caste, according to the police.
When the matter was previously taken up by the high court, it was averred by the State that the Sessions Court went wrong in considering the pre-arrest bail application under Section 438 of the Code of Criminal Procedure, when there is an absolute bar under Sections 18 and 18 A of the Scheduled Castes and Scheduled Tribes (PA) Act, 1989.
Furthermore, it was submitted that the Sessions Court seriously erred in stating in the order that there is no prima facie case made out against the accused, contending that the finding was given only for the purpose of circumventing the bar under Section 18 of the Act.
The Sessions Court had also granted anticipatory bail to the Civic Chandran in another sexual harassment case in which it is alleged that the accused made sexual advances toward the de facto complainant, who is a young female writer and tried to outrage her modesty in a camp convened at Nandi beach in February 2020.
While granting anticipatory bail, the Court had observed that the offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses'. The observation has been set aside by the high court.
Both orders have been subjected to severe criticism, especially the court's remark that the offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses'.
Petitions were also moved against the aforesaid anticipatory bail order to Civic Chandran. A Single Bench of the Kerala High Court had earlier this month, while disposing of the two pleas moved by the State as well as the de facto complainant against the anticipatory bail order to Civic Chandran, observed that even though the reason shown by the Court below for granting anticipatory bail cannot be justified, the order granting anticipatory bail cannot be set aside. However, the Court observed that the remarks in the impugned order regarding the provocative dress of the victim could not be sustained and thereby expunged it.
(With inputs from Live Law.)