New Delhi/Kochi: The Supreme Court on Monday quashed the petition filed by former Senior Government Pleader at the Kerala High Court Adv P G Manu seeking anticipatory bail in a rape case. The court has granted him 10 days to surrender before the police.
A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra dismissed the Special Leave Petition challenging the judgment of the High Court refusing him anticipatory bail.
The allegation is that the petitioner had sexually assaulted the victim, who had approached him as a client concerning another sexual assault case in which she was the victim.
When Senior Advocate V Giri, who appeared for the petitioner, attempted to suggest that the relationship between Manu and the woman was consensual, the bench disagreed. "You were in a position of dominance...we have to consider that,” Justice Roy said.
Observing that there was no infirmity in the High Court's order, the bench dismissed the petition. The bench however sustained the High Court's observation that in the event of the petitioner's arrest, the Judicial Magistrate shall consider his bail application without delay. After the news about the sexual assault case surfaced, the petitioner resigned from the position of Government Pleader.
The case
On October 9, 2023, the 25-year-old woman approached Manu seeking legal advice in a 2018 sexual harassment case. The lawyer was first contacted by an ex-policeman who was the investigating officer in the case.
According to the complainant, the accused first tried to sexually assault the woman on October 9 when she visited his Kadavanthra office along with her father and mother. Manu allegedly asked the parents to wait outside and closed the door on the pretext of discussing the case with the survivor. He even threatened to turn the 2018 case around and make her an accused instead of a victim. The advocate summoned her on October 11 concerning the case and repeated the offence while her father waited outside.
The woman added that he continued to make obscene remarks through WhatsApp calls and chats. The accused also visited the survivor at her place on November 24 after ensuring her parents and brother were not home and forced his way into the house and raped her, the complaint alleged.
The accused also visited her home in the presence of her mother. The survivor's mother was quick to notice the signs of discomfort on her daughter's face in the presence of the accused. When the mother confronted her, she finally confided about her ordeal.
The woman's statement was recorded after the complaint given to the Ernakulam Rural SP was handed over to the Chottanikkara police. In the complaint, the woman also said that apart from the torture, the accused took pictures of her naked body. In addition to sexual harassment under section 376 of the IPC, the police have registered a case under the IT Act.
(With Live Law inputs)