The Kerala High Court has recently ruled to grant anticipatory bail to a male advocate accused of sexually harassing a female lawyer during court proceedings in Palakkad. Presiding over the case, Justice Kauser Edappagath determined that the accused lawyer’s custodial interrogation was unnecessary, thus meriting pre-arrest bail.
Details of the Case
The incident reportedly occurred on August 5 at approximately 11:40 AM in the Additional District and Sessions Court-V in Palakkad. According to the prosecution, the female advocate claimed that the accused lawyer inappropriately touched her with sexual intent as she was exiting the court hall. This led her to file a formal complaint at the Palakkad Town South Police Station.
The First Information Report (FIR) was lodged under Section 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023 (BNS), a provision addressing sexual harassment. The accused, however, denied the allegations, asserting that he was being falsely accused and subsequently sought anticipatory bail.
Court’s Considerations and Ruling
The State opposed the anticipatory bail, contending that it could impede the ongoing investigation. Despite this, the High Court, after reviewing the case diary, concluded that the custodial interrogation of the accused was not essential. The Court also noted that a separate criminal proceeding had been initiated against the complainant on the accused’s behalf.
Taking these factors into account, Justice Edappagath decided to grant anticipatory bail on the condition that the accused furnish a bond of ₹1 lakh. Additional conditions required the accused to fully cooperate with the investigation, make appearances before the investigating officer every Saturday, and refrain from contacting prosecution witnesses, tampering with evidence, or leaving the state of Kerala without prior approval from the trial court.
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Legal Representation
Advocate M. Revikrishnan represented the accused lawyer, while Senior Public Prosecutor Aneeda Beegum appeared for the State.
