Supreme Court Grants Bail To 2 Kerala Advocates Accused Of Raping Client

The Supreme Court granted bail on Monday(May 13) to two Kerala lawyers who were arrested by the State Police in a case for allegedly raping their client.

They were granted anticipatory bail by the Kerala High Court in October 2023. Challenging the High Court's order, the victim approached the Supreme Court. In December 2023, the Supreme Court stayed the High Court's order which granted them anticipatory bail. On May 6, 2024, the lawyers were arrested by the police.

Yesterday, the bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra allowed their release on bail.

"Having considered the circumstances here and more particularly the fact that the respondent Nos. 1 and 2 were arrested, we deem it appropriate to grant bail to both accused i.e., M.J. Johnson and Philip K.K," the Court ordered.

The Court also ordered the advocates to stay away from the victim and any other witnesses involved in the case and not to communicate with them in any manner. The High Court's order of anticipatory bail was set aside. The trial court was given the liberty to impose such bail conditions as deemed fit.

As per the FIR, when the victim approached one of the accused in the year 2021 to file a divorce case, the lawyer sexually abused her, after spiking her drink. She alleged that the accused had thereafter assured her that she would be taken care of like his wife and that her daughter's education would also be taken care of. She further stated that he had also promised her that he would purchase a house for her in Kozhikode. She further alleged that the 2nd accused, the colleague of the first accused, also sexually abused her, and that the first accused had also recorded certain nude pictures of her on his phone.

On an earlier hearing date, the Supreme Court had noted from the State's affidavit that the accused had issued a cheque to the victim, which she in turn encashed. The State contended that this conduct suggested the involvement of the accused in the crime.

The Court further noted in its earlier hearing on April 22 that the accused had not been arrested yet though the anticipatory bail order was stayed in December 2023. The State's counsel then sought time to get instructions. Later, on May 6, the accused were arrested.

Senior Advocate V Chitambaresh appeared for the victim. Senior Advocate R Basant represented the accused and Senior Advocate Jayant Muthuraj appeared for the State.

XXX v. MJ Johnson and otheres 

Click here to read the order