‘Pride And Dignity Is Not Only To Woman, But To Men Also’: Kerala HC Grants Anticipatory Bail to Actor Balachandra Menon
The Kerala High Court granted anticipatory bail to Malayalam actor-director Balachandra Menon in a case of sexual assault which was filed after 17 years of the alleged incident.
The High Court was considering the actor’s Bail Application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.
The Single Judge Bench of Justice P.V. Kunhikrishnan asserted, “But, everybody must remember that the pride and dignity is not only to woman, but to men also. I leave it there.”
Senior Advocate M.Ramesh Chander represented the Petitioner while Senior Public Prosecutor Noushad K.A. represented the Respondent.
The case was registered on a complaint filed by the victim before the Cantonment Police Station with the allegation that the petitioner, during the time of shooting of a movie in the year 2007 had committed sexual assault on her.
It was the petitioner’s case that the complaint was filed by the victim after about 17 years of the alleged incident. It was brought to the Court’s notice that the petitioner is a Film Actor, Director and Scriptwriter and is known in South India as a Film Director and Actor.As per the petitioner, this case was filed only with an intention to malign the image of the petitioner.
The Public Prosecutor, on the contrary, submitted that serious allegations were there against the petitioner and the Investigating Officer has been investigating the matter.
At the outset, the Bench said, “I think there is force in the arguments of the petitioner. It is an admitted fact that the alleged incident happened in the year 2007. It is an admitted fact that the victim filed the complaint after 17 years of the alleged incident.”
Further highlighting the fact that the Petitioner has also been honoured by the Nation by giving Padma Shri, the Bench said, “This is a fit case in which this Court has to grant bail to the petitioner in the interest of justice.”
The High Court also observed that not only women but men too have pride and dignity.
Referring to the judgments of the Apex Court in Chidambaram. P v Directorate of Enforcement [2019 (16) SCALE 870], Siddharth v State of Uttar Pradesh and Another [2021(5)KHC 353], the Bench reiterated the principle that bail is the rule and the jail is the exception.
Thus, the Bench granted the Petitioner bail on the condition that he would appear before the Investigating Officer within two weeks and undergo interrogation. “After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned”, the Bench ordered.
Cause Title: Balachandra Menon v. State Of Kerala & Ors. [Neutral Citation- 2024:KER:93563]
Appearance:
Petitioner: Senior Advocate M.Ramesh Chander, Advocates Bejoy Joseph P.J., Govind G. Nair, Balu Tom, Bonny Benny
Respondent: Senior Public Prosecutor Noushad K.A.
