Too fat, too dark; such comments to be avoided, unacceptable: HC on Boby Chemmanur case
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The Kerala High Court on Tuesday cautioned against body shaming while granting bail to Boby Chemmanur and said that everyone should be vigilant in making comments about others irrespective of gender.
Justice PV Kunhikrishnan emphasised that remarks about a person’s body, such as being “too fat, too skinny, too short, or too dark,” should be avoided, highlighting that our bodies, minds, and hearts evolve over time. Chemmanur is accused of making sexually abusive and derogatory comments against actor Honey Rose on multiple occasions.
Chemmanur, facing charges under sections 75(1)(i) and 75(1)(iv) of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the Information Technology Act (IT Act), was granted bail in adherence to the principles outlined in Arnesh Kumar v State of Bihar (2014). The offences carry a maximum punishment of three years, making immediate arrest without valid reasons unlawful.
The bail was granted with strict conditions, including a bond of Rs 50,000 with two solvent sureties, mandatory cooperation with the investigation, and refraining from influencing witnesses or repeating similar offences. The court also clarified that violating these conditions could result in the cancellation of bail.
The case stems from an incident on August 7, 2024, during the inauguration of a Chemmanur International Jewellers showroom in Alacode, Kannur, where Honey Rose was a guest. The actor alleged that Chemmanur adorned her with a necklace in front of a large audience, held her hand without consent, and turned her around under the pretext of displaying the necklace, actions she described as a “sexual overture.” She also accused Chemmanur of making sexually coloured remarks at the event and on multiple social media platforms, which led her to withdraw from subsequent functions involving him.
The Public Prosecutor opposed the bail, arguing that releasing Chemmanur would send a harmful message to society. The prosecution presented video evidence, asserting that Chemmanur used double-meaning words and made inappropriate gestures to mimic the complainant’s body structure. The prosecution further highlighted that as a public figure with a significant social media following, Chemmanur’s behaviour could influence others and warrant serious scrutiny.
Ernakulam Central Police arrested Chemmanur on January 8, and he was subsequently remanded to judicial custody.