BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case

Justice A. Badharudeen observed that prima facie case is made out alleging the commission of offences under the SC/ST Act and Section 354 of IPC.

Having appraised the facts of the case with a view to find whether a prima facie case is made out alleging commission of offences under Section 3(2)(va) and 3(1)(w)(i) of the SC/ST Act, the said case is specifically made out. That apart, a non available offence under Section 354 of IPC also is made out. In such a case, the finding entered into by the Special Judge giving a clean chit to the accused at the investigation stage itself cannot be justified so as to anull the entire prosecution even before completing the investigation.

The Kerala State Government and the De Facto Complainant had approached the High Court challenging the anticipatory bail granted to Writer-Activist Civic Chandran, arguing that the order is against the spirit of the special law enacted for Prevention of Atrocities against the people belonging to SC/ST community.

The accused was booked in a sexual harassment case punishable under Sections 354, 354 A(1)(ii), 354A(2), 354 D(2) IPC and relevant provisions under the SC/ST(Prevention of Atrocities) Act, 1999. During the course of investigation, the accused had sought anticipatory bail, and despite the objection from the prosecution and the victim, the pre-arrest bail was granted by the trial court.

The prosecution case is that in February 2022, the de facto complainant, a Dalit writer, had organised a function in connection with the publication of her book at Nandi. After the function, the accused allegedly sexually assaulted the complainant by kissing the back side of her neck without her consent. The accused outraged the modesty of the victim with the knowledge that she belonged to Scheduled Caste, according to the police.

When the matter was previously taken up by the high court, it was averred by the State that the Sessions Court went wrong in considering the pre-arrest bail application under Section 438 of the Code of Criminal Procedure, when there is an absolute bar under Sections 18 and 18 A of the Scheduled Castes and Scheduled Tribes (PA) Act, 1989.

Furthermore, it was submitted that the Sessions Court seriously erred in stating in the order that there is no prima facie case made out against the accused, contending that the finding was given only for the purpose of circumventing the bar under Section 18 of the Act.

Also Read: Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case

Both orders in the case against Chandran have been subjected to severe criticism, especially the court's remark that the offence under Section 354A of the Indian Penal Code is not prima facie attracted when the woman was wearing 'sexually provocative dresses'.

Petitions had also been moved against the aforesaid anticipatory bail order to Chandran. A Single Bench of the Kerala High Court earlier this month, while disposing of the two pleas moved by the State as well as the De facto complainant, observed that even though the reason shown by the Court below for granting anticipatory bail cannot be justified, the order granting anticipatory bail cannot be set aside. However, the Court observed that the remarks in the impugned order regarding the provocative dress of the victim could not be sustained and thereby expunged it.

Case Title: State of Kerala v. Civic Chandran @ V. Kuttan and XXXXX v. State of Kerala

Citation: 2022 LiveLaw (Ker) 530