'Can't Say There Was No Double Meaning': Kerala HC Allows Boby Chemmanur's Bail Plea In Sexual Harassment Case

(MENAFN- Live Mint) The Kerala High Court allowed the bail plea of prominent businessman Boby Chemmanur on Tuesday, January 14. Chemmanur was arrested and sent to judicial custody in a sexual harassment case filed by a woman Malayalam actor.

“Allowed”, the case status of the plea on the Kerala High Court website said.

While hearing the businessman' s bail plea, Justice PV Kunhikrishnan noted that Chemmanur's passport had already been deposited in court and that he would be available to the Police during its investigation, news agency PTI reported.“Will pass a detailed order by 3.30 pm,” the judge said.

The woman actor complained that upon invitation, she inaugurated the Chemmanur International Jewellery showroom at Alakode, Kannur, on August 7, 2024, where thousands had gathered to witness the event.

During the inauguration ceremony, Chemmanur placed a necklace around the actress's neck and then made unwelcome sexual advances with bad intentions, twirling or rotating her, the complaint has stated.

According to officials, the complaint was lodged at the Ernakulam Central Police Station in Kochi. Based on the complaint, a case was registered against the businessman under Section 75(4) of the Bharatiya Nyaya Sanhita (BNS) for making“sexually coloured remarks” as a form of sexual harassment, as well as under Section 67 of the IT Act for publishing or transmitting obscene material in electronic form.

Chemmanur was arrested from Wayanad on January 8. He is currently lodged in the District Jail in Kochi.

He approached the High Court after the Ernakulam Judicial First Class Magistrate Court-II denied him bail on January 9 and sent him to judicial custody for 14 days.

Chemmanur's bail plea stated that he was completely innocent of all the accusations levelled against him. He denied the allegations, calling them false, baseless, and incorrect.

In his bail plea, Chemmanur claimed that the allegations originated from a complaint lodged by the woman actor who, until recently, had publicly acknowledged and celebrated her two-decade-long acquaintance with him.

It further mentioned that she had previously inaugurated three jewellery shops belonging to his business group as the chief guest in April 2019 at Perambra, in December 2022 at Attingal, and in August 2024 at Kannur.

The petition stated that the actress herself publicly disclosed the complaint by posting a letter addressed to Chemmanur on social media, announcing the filing of the complaint and making unwarranted remarks against him.

According to the news agency ANI, the petition filed by Chemmanur also alleged undue haste in his arrest. It stated that police officers were sent to a location over 250 km away from the station where the FIR was registered. This action was taken immediately after the FIR was registered, even before the Magistrate recorded the complainant's statement.

The plea also alleged no justification for sending him to jail during the investigation stage.

During the hearing, the court said it could not be said that Chemmanur's remarks about the woman actor did not have“double meaning”.

“We cannot say there is no double meaning,” the court said. It also pointed out that certain averments made in the bail plea regarding the actor's professional skills and competence were also“insulting”.

The prosecution opposed the bail plea, claiming that almost all of Chemmanur's social media posts carried sexually coloured remarks. It contended that granting him relief would send a wrong message to society.

The court, meanwhile, said that a message had already gone to society, as the businessman had been in judicial custody since January 9.

(With inputs from PTI)

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