HC grants anticipatory bail to actor Baburaj in sexual assault case
The court cites inordinate delay in registering FIR.
The court cites inordinate delay in registering FIR.
The court cites inordinate delay in registering FIR.
Kochi: The Kerala High Court has granted anticipatory bail to Malayalam film actor Baburaj in connection with allegations of sexual harassment, which came to light following the Hema Committee report, for the inordinate delay in registering FIR.
However, the court has directed Baburaj to surrender before the Investigating officer in 10 days.
The crime was registered against him at the Adimali police station, alleging rape and sexual harassment between 2018 and 2019, Live Law reported.
While allowing the bail application, Justice CS Dias referred to the decision in actor Siddique's case, where the Supreme Court granted him bail on similar grounds of delay in lodging the FIR.
The court pointed out that the FIR was lodged only on September 2, 2024, a delay of almost five years. The court also said there were 'prima facie materials to show that the petitioner and the survivor had a consensual relationship'.
“On an overall consideration of material facts and rival submissions and materials placed and particularly, on comprehending the inordinate delay in registering the FIR and taking note of the principles laid down by the Hon'ble Supreme Court in Siddique v State Of Kerala And Another and further there are prima facie materials to show that the petitioner and the survivor had a consensual relationship, and at this distance of time, the petitioner's custodial interrogation is not necessary….Hence I am inclined to allow his application, subject to conditions,” the court stated.
The complainant came forward with the allegation after the publication of Justice K Hema Committee Report.
The complainant alleged that the actor abused her in 2018 while she was working as a receptionist in his resort in Munnar. The complainant further alleges that the actor raped her in his house in 2019, where he called her to talk about an opportunity in the movie industry.