Kerala High Court Grants Anticipatory Bail To Film Director VK Prakash In Sexual Harassment Case But Permits Police To Interrogate Him

"I am of the firm view that custodial interrogation is not required and that he is willing to abide by any stringent conditions imposed by the Court and ready to co-operate with the investigating officer...I am convinced and satisfied that the petitioner made out valid grounds to invoke discretionary jurisdiction of this court and I am inclined to allow his application."

However, Court has directed that before releasing Prakash on bail, the investigating officer shall interrogate him for three days between 9 am and 2 pm and subject him to medical examination, if felt necessary.

A scriptwriter came out with the allegations after the Government released a redacted version of Justice Hema Committee Report. It is alleged that Prakash sexually molested her in April 2022 when she approached him to narrate a film story.

Prakash claimed he was falsely implicated since he told the woman that her story could not be made into a film. It was also stated that the same lady was harassing and blackmailing his friends by making similar allegations. He also alleged that the lady made sexual advances and messaged him on WhatsApp using sexual tones.

His counsel argued that there is no explanation given by the complainant for the delay in registering the FIR. He further submitted that Prakash has no criminal antecedents.

Prakash also claims he has preferred complaints before the State government and Inspector General of Police, heading the Special Investigation Team constituted to investigate the allegations in the Justice Hema Committee Report.

The Court on pursuing the screenshots of WhatsApp messages exchanged between him and the complainant noted that prima facie, it appears that the latter went to meet him of her own free will and volition. It stated that all these matters have to be decided in trial and not now.

Referring to Apex Court decisions, the Court noted that arrest could have many impacts on the individual and his family. It also noted that the accused need not make out special circumstances to plead for a pre-arrest bail. It stated that a person who seeks pre-arrest bail is also entitled to a presumption of innocence and that he has to abide by the conditions imposed by the Court to cooperate with the investigation.

The Court also noted that FIR was registered after a delay of two and a half years, which prima facie weakens the prosecution case.

As such, the bail application was allowed and Court imposed certain conditions upon Prakash. The Court also directed him to surrender before the investigating officer within one week from today and in the event of his arrest, he shall be released on bail on execution of bond on of Rs 2 lakhs, with two solvent sureties.

The Court stated that Prakash shall appear before the investigating officer as and when required for investigation.

The plea has been moved by Advocates Babu S. Nair , Smitha Babu, P.A.Rajesh, Pranav, K.P.Dhaneesh, Siddharth Karun Pisharody

Case Number: Bail Appl No. 7180/2024

Case Title: V K Prakash v State of Kerala

Citation: 2024 LiveLaw (Ker) 570