Kerala HC Directs Police Not To Arrest Advocate B.A. Aloor Over Sexual Harassment Allegation Without Giving Notice Of Appearance U/S 41A CrPC

The crime was registered under Section 354A (sexual harassment and punishment for sexual harassment) of IPC at the Ernakulam Central Police Station.

“In the interregnum, there shall be a direction that without giving notice as provided under Section 41A of the Code of Criminal Procedure, 1973, the petitioner shall not be arrested in connection with crime No.273 of 2024 of Ernakulam Central Police Station”, stated Justice P G Ajithkumar

The Counsel for the petitioner submitted that there was a strong apprehension of arrest alleging a non-bailable offence even though the offence in the FIR was bailable.

The Counsel for the Public Prosecutor submitted that the bail application was not maintainable since the offence alleged in the FIR was a bailable offence.

The Court has also directed the Public Prosecutor to get instructions regarding the nature of the allegations made in the FIR.

The plea has been moved by Advocates C.P.Udayabhanu, Navaneeth.N.Nath, Rassal Janardhanan A., Abhishek M. Kunnathu, Boban Palat, P.U.Pratheesh Kumar, P.R.Ajay, K.U.Swapnil

Case title: Biju Antony Aloor @ B.A. Aloor v State of Kerala

Case number: BAIL APPL. NO. 963 OF 2024

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