The Kerala High Court on Wednesday granted anticipatory bail to Malayalam actor-filmmaker Balachandra Menon in a sexual assault case filed against him with 17-year delay after publication of the Justice Hema Committee report.
The single bench of Justice P V Kunhikrishnan, while granting anticipatory bail to Balachandra Menon, observed that men also have the right to dignity, not just women. While dictating the order in open court, the Judge observed that “Remember that right and dignity is not only to women, but to men also.”
“It is an admitted fact that the alleged incident happened in 2007. It is an admitted fact that the victim filed the complaint after 17 years of the alleged incident. It is also admitted that the petitioner is a known cine artist, he is also known as a film actor, director, and scriptwriter. He directed about 40 films and obtained two national awards.
“The nation awarded him a Padma Shri. Based on a statement of a lady, that too after 17 years, this case has been registered…It is true that investigation is going on but everybody must remember that the right and dignity is not only to a woman but to men also. This is a fit case to grant bail to the petitioner in the interest of justice,” the court said.
The court directed Menon to appear before the investigating officer within two weeks from Wednesday to undergo interrogation.
“After interrogation, if the Investigating Officer (IO) proposes to arrest the petitioner (Menon), he shall be released on bail on executing a bond for a sum of Rs 50,000 with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned,” the court said.
The case against Menon has been registered at the Cantonment Police Station, Thiruvananthapuram. The complainant has alleged that during the filming of Menon’s movie De Ingottu Nokkiye in 2007, he sexually assaulted her by hugging her, pressing her breasts, and engaging in inappropriate conduct involving bodily fluids.
Based on these allegations, a criminal case was registered under Sections 354, 509, and 506 of the Indian Penal Code (IPC). Additionally, the victim’s statement was recorded under Section 164 of the Criminal Procedure Code (CrPC).
Menon denied the allegations against him.
During arguments for anticipatory bail, Menon’s counsel contended that the complaint was baseless and motivated by malice. He argued that the victim had filed the case after 17 years solely to tarnish Menon’s reputation.
Apart from highlighting Menon’s stature as a Padma Shri awardee and a respected figure in Malayalam cinema, the counsel added that Menon had received threatening calls from the complainant and her lawyer.
The government’s counsel opposed Menon’s pre-arrest bail application, arguing that the allegations against him were grave and warranted a detailed investigation.
Earlier in October, the High Court had granted interim relief from arrest to Menon.