Kerala High Court: In a bail application filed by well-known director, actor, and script writer Balachandra Menon in a 2007 sexual assault case, the Single Judge Bench of P.V. Kunhikrishnan, J., held that the present case has been registered 17 years after the alleged incident and the accused is a well-known cine artist. The Court stated that men also have pride and dignity. Reiterating the principle of bail is the rule and jail is the exception, the Court granted bail to Balachandra.
Background
The victim filed a complaint stating that in 2007 during the shooting of his movie titled “Dae Ingottu Nokkiye”, Balachandra had committed sexual assault by hugging her and pressing her breast. He had also invited her and her friend to his hotel room. She alleged that Balachandra had outraged her modesty by committing such sexual acts and putting body fluids on the body of the victim and her friend. Based on this, an FIR was registered against Balachandra under Sections , , and of the . Later the offence of rape was also alleged per the statement of the victim under Section of the .
Analysis
The Court noted that it is an admitted fact that the victim filed the complaint 17 years after the alleged incident took place and that Balachandra is a known cine artist. The Court stated that it is true that the investigation is going on but everyone must remember that pride and dignity are not only of women but of men as well. Noting the aforesaid, the Court held that it is a fit case for the grant of bail in the interest of justice.
The Court reiterated that bail is the rule and jail is the exception. Considering the dictum laid down in the cases of P. Chidambaram v. Directorate of Enforcement , Siddharth v. State of U.P., , and Manish Sisodia v. Directorate of Enforcement, , the Court allowed the bail application subject to certain directions.
[Balachandra Menon v. State of Kerala, Bail Application No. 9058 of 2024, decided on 11-12-2024]
Advocates who appeared in this case:
For the petitioner: Advocate Bejoy Joseph P.J., Senior Advocate M. Ramesh Chander, Advocate Govind G. Nair, Advocate Balu Tom, and Advocate Bonny Benny
For the respondent: Advocate Noushad K.A., Senior Public Prosecutor
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