Actor Vijay Babu Can Make Intra-Country Travel Without Prior Court Permission: Kerala High Court Modifies Bail Conditions In Rape Case

The Kerala High Court on Wednesday modified the bail conditions in the order granting anticipatory bail to Malayalam film producer-actor Vijay Babu in a rape case filed by another actor.

Justice Bechu Kurian Thomas, who was hearing the matter, deleted the bail condition in the order dated 22.06.2022, that the actor shall not leave the state without prior permission of the jurisdictional court. It also modified the condition regarding the surrender of his passport.

The court specifically said that the modifications are being made in light of the fact that the investigation is complete and final report has been filed:

“ Having considered the circumstances in the case, especially the completion of investigation and the filing of the final report, I am of the view that condition no. 7 can be deleted. As far as condition no. 9 is concerned, since the right to travel abroad is a fundamental right, the petitioner’s passport cannot be continuously remained surrendered and since the passport has already expired, he needs to obtain a new one to undertake travel as and when required. The condition regarding surrender of passport shall also be modified and the passport shall be returned to the petitioner. However, before every travel undertaken by the petitioner, prior permission shall be obtained after providing the itinerary and place of residence and contact numbers during his stay abroad. The conditions imposed in the bail order dated 22.06.2022 shall stand modified to the above extent.”

The actor had approached the court for modification of the following bail conditions imposed on him related to his travel:

(7) Petitioner shall not leave the State of Kerala without prior permission of the jurisdictional court and shall co-operate with the investigation.

(9) Though petitioner’s passport has been impounded, he shall surrender his passport as and when he is issued with a fresh one or if the impounding is cancelled, as the case may be.

The petitioner contended that he is seeking modifications for the conditions because as an actor he is required to undertake frequent travels and because his passport has expired and needs to apply for a new one.

The Public Prosecutor submitted before the court that the investigation is complete and a final report has been filed and commencement of trial is awaited. He also submitted that precautions must be imposed to ensure that the accused is present during trial and that he does not flee.

The matter relates to a case filed by an actor from the Malayalam film industry against Vijay Babu, where she accused him of sexually exploiting her. As per the complainant, the actor "gained her trust by being friendly and advising her" when she was a newcomer in the industry. She added that he sexually exploited her under the guise of being a "saviour" to her when it came to personal and professional issues.

A complaint was thereby registered against him with the Ernakulam police. The actor had hosted a Facebook Live and denied all allegations raised against him. However, during this live streaming, he revealed the survivor's name which led to further backlash. A separate case has been registered under IPC Section 228A (disclosure of the identity of the victim in certain offences) against the actor for revealing her identity on a public platform

In his bail application, Vijay babu had argued that the de facto complainant is merely trying to blackmail him by filing this false case. 

The victim had subsequently, approached the Supreme Court against the order of the High Court granting anticipatory bail. However, the Supreme Court had refused to interfere with the anticipatory bail granted to the actor. It, however, had made it clear that Vijay Babu shall not leave the State of Kerala without prior permission of the court. He was also restrained from making social media posts in connection with the case. 

Case Title: Vijay Babu v. State of Kerala