Adv Shanavas Khan gets bail but court says survivor was subjected to sexual misconduct

Kollam: Kollam Principal Sessions judge Gopakumar G granted anticipatory bail to senior advocate and CPM leader E Shanavas Khan (75), charged with sexually harassing a 24-year-old pregnant junior lawyer.

The sessions judge, however, said, "There are prima facie materials to show that the victim was subjected to sexual misconduct."

The survivor, who was two months pregnant, suffered a miscarriage on June 30, 16 days after she was assaulted allegedly by Adv Khan, a two-time chairman of the Bar Council of Kerala and Kollam district president of CPM's trade union CITU.

"I had bleeding this Sunday due to mental pressure. I went to the hospital and the doctors confirmed I lost my child," she told Onmanorama on Friday, July 5.

According to the FIR registered on June 22, Adv Khan invited the junior lawyer to his house and forcibly hugged and kissed her on June 14.

Adv Khan, who is the Kollam district president of CPM's trade union CITU, has been booked under Sections 354 (using criminal force to outrage woman's modesty), 354 A (1) (i) (making explicit sexual overtures), 354 A (1) (ii) (requesting sexual favour), and 354 A (1) (iv) (making sexually coloured remarks) of the IPC.

Section 354 is a cognisable and non-bailable offence which attracts up to five years in prison.

Appearing on behalf of the survivor, Adv Ali Savad opposed the bail application saying Adv Khan attempted to rape her. He told the court that Adv Khan tried to influence the victim, and she was pressured from various sides to withdraw the complaint.

Adv S Sreekumar, appearing for Adv Khan, said the allegations were concocted and made in connivance with the political enemies in anticipation of the Bar Council election.

He produced some still from the CCTV footage and argued that from "the body language of the victim it can be seen that the victim had stepped out of the house calmly and without any hint of having been subjected to sexual violence".

The public prosecutor, however, said the custodial interrogation of the petitioner was not required.

The judge said he went through the records of the case and the survivor's call records supported her version. "There are prima facie materials to show that the victim was subjected to sexual misconduct. Now, the question to be decided is whether custodial interrogation of the petitioner is necessary or not," he said in the judgment.

The judge considered the Supreme Court judgment that put conditions for arrest and also Adv Khan's "advanced age and antecedents" and took "the view that custody of the petitioner is not required solely for preventing him from committing any further offence".

Given the progress made in the investigation, this court is of the view that the custodial interrogation of Adv Khan is also not required, the sessions judge said.

Granting anticipatory bail to Adv Khan, the judge asked him to surrender before the investigating officer within one week and in the event of arrest, he shall be released on bail. "The petitioner shall appear before the investigating officer every Saturday between 9 am and 11 am for two months, and shall cooperate with the investigation," the judge said in his order.