Kiran Raj

Businessman Boby Chemmanur, who was recently arrested in connection with a sexual harassment case filed by a Malayalam actress, has approached the Kerala High Court seeking bail. The case involves allegations of inappropriate comments made by Chemmanur during a jewelry store inaugural event, which the complainant asserts led to online harassment against her.

Chemmanur’s previous bail application was rejected on January 9 by the Judicial First Class Magistrate-II at Ernakulam. The Magistrate, after considering the prosecution's submissions, observed that the comments made by Chemmanur were laden with sexual innuendo, necessitating his 14-day judicial remand. Following this rejection, Chemmanur filed a petition before the Kerala High Court challenging the Magistrate’s decision.

The complaint was filed by the actress, alleging that Chemmanur made inappropriate remarks directed at her during a public event. According to her, these comments incited others to post sexually inappropriate remarks on her social media platforms. Before filing the police complaint, the actress publicly addressed the harassment online, warning offenders of potential legal consequences. Chemmanur was subsequently arrested on January 8 from Wayanad and charged under Sections 75(1)(i) and 75(1)(iv) of the Bharatiya Nyaya Sanhita (BNS), pertaining to unwelcome physical advances and sexually colored remarks, along with Section 67 of the Information Technology Act for transmitting obscene material electronically.

During his bail plea before the Magistrate, Chemmanur denied the allegations, asserting that the accusations were baseless and part of a publicity stunt by the actress. His legal team submitted video footage of the incident as evidence, arguing that the remarks had been misinterpreted and lacked any sexual intent. They further highlighted a delay of five months in filing the complaint, questioning its credibility. Chemmanur also submitted that the evidence required for the investigation was readily available in the public domain, rendering his detention unnecessary.

The Magistrate, however, dismissed these arguments. In the order, the Magistrate stated: “Upon perusal of the FIS and the report submitted by the prosecution, it is clearly mentioned that the petitioner/accused engaged in conduct and made comments that can prima facie be understood as sexual innuendo. These actions, including specific gestures and remarks, suggest an intention that cannot be dismissed as innocent or incidental.” The order further noted that Chemmanur’s actions during the event contributed to the discomfort of the complainant and triggered harassment against her online.

Following the rejection of his bail application, Chemmanur reportedly fainted in court and was given medical attention before being taken to the Kakkanad District Jail. Subsequently, his legal team moved the Kerala High Court, reiterating his claims of innocence and seeking relief.

In the petition filed before the High Court, Chemmanur raised procedural concerns about his arrest, alleging that it violated the guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar. These guidelines state the necessity of following procedural safeguards during arrests. Chemmanur also questioned the impartiality of the Magistrate, alleging that the same Magistrate who rejected his bail plea had earlier recorded the actress’s statement. The petition stated: “The recording of the statement by the same Magistrate constitutes an ex parte communication, where the Magistrate receives information from one party without the other party’s knowledge or presence. This raises questions regarding procedural fairness and impartiality.”

Chemmanur’s counsel further contended that his continued detention was unwarranted, as the evidence required for the investigation was already accessible, and there was no risk of evidence tampering. They asserted that the arrest and remand were unnecessary and sought the High Court’s intervention to grant bail.

The petition is being pursued by Chemmanur’s legal team, which includes Advocates MR Dhanil, Geo Paul, Sujesh Menon VB, Senitta P Jojo, Vidhuna Narayanan, and T Anil Kumar. The High Court is expected to hear the petition in the coming days.