Kerala HC cancels ‘Civic’ Chandran’s anticipatory bail in case of sexual harassing woman from ST community

PTI, Oct 20, 2022, 12:16 PM IST

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The Kerala High Court on Thursday cancelled the anticipatory bail granted to writer and social activist ‘Civic’ Chandran in a sexual harassment case against him based on a complaint by a woman belonging to a Scheduled Tribe community.

Justice A Badharudeen set aside a sessions court order granting anticipatory bail to Chandran on the appeals moved by the state and the complainant.

The High Court directed the accused to surrender before the investigating officer within seven days for being interrogated and for medical examination, if any, for the purpose of the probe in the case.

The high court also said that if Chandran is arrested, he shall be presented before the special court on the same day and if any regular bail plea is moved it should be considered on merits and orders be passed as early as possible.

On his arrest, if he requires medical attention, the same shall be provided to him, it further said.

Last week, a different single judge bench of the high court had upheld the anticipatory bail granted to Chandran by the same sessions court in another sexual harassment case.

In that matter, while granting him the relief, the high court had expunged the controversial remarks of the sessions judge that offence of molestation would not be attracted as the victim was wearing a sexually provocative dress.

The high court had said that a woman’s attire cannot be a license to outrage her modesty nor can it be a ground for absolving the accused who committed such a crime.

It is wrong to say that a woman was sexually assaulted just because she was wearing provocative clothes. Sexually provocative dressing of a victim cannot be construed as a legal ground to absolve an accused from the charge of insulting the modesty of a woman. Even if a woman wears a sexually provocative dress, that cannot give a licence to a man to outrage her modesty, the high court had said.

Chandran has been accused in two sexual harassment cases, one by a writer belonging to a Scheduled Tribe community, alleging sexual harassment by him during a book exhibition here in April.

The other was by a young writer, who accused him of sexual harassment during a book exhibition in town in February 2020.

He was granted anticipatory bail in both cases by the same sessions court.