Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client

The Kerala High Court recently granted anticipatory bail to two lawyers accused of raping and sexually abusing their client on multiple occasions. 

Justice Gopinath P. passed the order, on taking note of the fact that while the victim/de facto complainant averred that she had been sexually abused from the moment she had first approached the 1st petitioner to entrust her case, the complaint in this regard had been filed only in June, 2023. 

"A cumulative reading of all the complaints preferred by the de facto complainant / victim would indicate that she was abused right from the time she had first approached the 1st petitioner seeking his professional help. However, the first complaint seems to have been filed only on 30-06-2023. While this itself may not be fatal to the prosecution case, it lends credence to the argument of the learned counsel for the petitioners that the de facto complainant / victim had actually filed a complaint being aggrieved by the fact that she had not received sufficient compensation in the proceedings before the Family Court," the Court observed. 

The de facto complainant had initially approached the 1st petitioner in the year 2021 for the purposes of filing proceedings before the Family Court, Kozhikode for obtaining divorce from her husband. It was averred by the de facto complainant that on the very first instance itself, the latter sexually abused her, after spiking her drink. 

The de facto complainant alleged that the 1st petitioner had thereafter assured her that she would be taken care of just as his wife and that her daughter's education would also be taken care of. She further stated that the 1st petitioner had also promised her that he would purchase a house for her in Kozhikode. The de facto complainant alleged that the 1st petitioner, and his colleague who is the 2nd petitioner herein, sexually abused her, and that the former had also recorded certain nude pictures of her on his phone. 

It was contended on behalf of the petitioners that they were both fairly successful Advocates practising in the courts at Tellicherry and at Kozhikode, and that it was upon knowing that the 1st petitioner's daughter's wedding had been fixed for July 1, 2023, that the de facto complainant filed her complaint. The counsel averred that it was evident from the complaint that the de facto complainant had been aggrieved by not receiving sufficient compensation following her divorce, and by the fact that although the petitioners had offered her financial promises and other help, none of the same had been kept. 

The petitioners further stated that following the advice of their family and relatives, an amount of Rs. 300000/- had been granted to the de facto complainant, pursuant to which she gave a letter to the City Police Commission stating that any relationship between herself and the petitioners had been purely consensual, and that she did not wish to prosecute the complaint. The counsel thus prayed for grant of anticipatory bail to the petitioners. 

Senior Public Prosecutor Vipin Narayan and Advocate Luke J. Chirayil opposed the grant of anticipatory bail to the petitioners. The counsel submitted that while the 1st petitioner was a former District Government Pleader and Public Prosecutor, and was a person having considerable significance in the Police Department, while the de facto complainant was a single mother making her living by running a tailoring shop. The counsel averred that the de facto complainant was a hapless woman who had been raped by the petitioners herein, and that the grant of anticipatory bail to them would send a wrong message to the society, and public at large. 

The Court discerned that while the allegations raised against the petitioners were serious, the de facto complainant had only filed the complaint in June 2023, and that the judgment of the Family Court on her case had been rendered in January 2023. 

It thus allowed the plea for anticipatory bail. The Court however clarified that a full, free investigation into the allegations ought to be carried out, and entrusted the Assistant Superintendent of Police, Thalassery, with the same. 

The petitioners were represented by Advocates S. Rajeev, V. Vinay, M.S. Aneer, Prerith Philip Joseph, Anilkumar C.R., Sarath K.P., and K.S. Kiran Krishnan. 

Citation: 2023 LiveLaw (Ker) 606

Case Title: X & Anr. v. State of Kerala & Ors. 

Case Number: BAIL APPL. NO. 7797 OF 2023

Click Here To Read/Download The Order