'Inordinate Delay In Registering FIR', Kerala High Court Grants Anticipatory Bail To Malayalam Actor Baburaj In Sexual Harassment Case
The Kerala High Court has allowed the anticipatory bail application moved by Malayalam film actor Baburaj in connection with allegations of sexual harassment that came to light following the Hema Committee report, with stringent conditions. The Court has directed actor Baburaj to surrender before the Investigating officer in ten days.
The crime was registered against him at the Adimali police station in Idukki alleging rape and sexual harassment between January 01, 2018 to December 31, 2019.
While allowing the bail application, Justice C S Dias referred to the decision in Siddique v State Of Kerala And Another, wherein Malayalam actor Siddique was granted bail by the Supreme Court on similar grounds of delay in lodging the FIR.
In the facts of the case, the Court stated that the FIR was lodged only in September 02, 2024, after almost five years of delay.
Court stated, “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 complainant came forward with the allegation after publication of Justice K. Hema Committee Report, which revealed large-scale sexual harassment in the Malayalam film industry.
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 the complainant to talk about an opportunity in the movie industry.
The survivor submitted that since she was separated from her husband, she did not have the courage to file the FIR. It was stated that she registered the FIR in 2024, after she got married again in 2023.
The Court was not convinced of the explanation provided by the survivor regarding the 5 year delay in lodging the FIR. Court said, “The explanation (for delay) put forth by the petitioner is that she was since she was living separately from her husband, she could not register the FIR. I do not find the said explanation to be appealable to this Court….”
As such, actor Baburaj's bail application was allowed, subject to conditions.
The petition was moved by Advocates S. Rajeev, V, Vinay, M. S. Aneer, Sarath K. P., Prerjith Philip Joseph, Anilkumar C. R., K. S. Kiran Krishnan
Case Title: Baburaj Jacob v State of Kerala and Another
Case No: BA 7594/ 2024
Citation: 2024 LiveLaw (Ker) 746