KOCHI: Dubbing artist Bhagyalakshmi and two activists - Diya Sana and Sreelakhsmi Arackal on Monday approached the Kerala High Court seeking anticipatory bail in a case registered for assaulting controversial YouTuber Vijay P Nair in Thiruvananthapuram.
They submitted that if they have been arrested by the police, "irreparable injury and loss of reputation" will be caused to them. They had never involved in any crime, they said in the petition.
The Additional Sessions Court, Thiruvananthapuram, had last week dismissed their bail pleas accepting the argument of the prosecution that the bail would send the wrong message to the public and it may prompt others to do their same attitude by taking law in their hands.
The accused were charged with offences under Sections 323 (voluntarily causing hurt), 506 (criminal intimidation), 294b ( sings, recites or utters any obscene song, ballad or words, in or near any public place,), 452 ( House-trespass after preparation for hurt, assault or wrongful restraint) and 392 (robbery) of Indian Penal Code.
KP Jayachandran, counsel for the petitioners said that none of the offences in the FIR will stand against them. In order to attract the offence under 294 b of IPC, the place of occurrence should be a public place. Since the prosecution admitting the fact that the incident has happened in a public place offence under section 452 will not stand against the petitioners. The petitioners claimed that they were invited by the YouTuber, hence there was no criminal trespass. They added that there must be prior preparation to cause hurt during house trespass to attract the offence under section 452. "But it was not proved by the police," the petition said.
The offences under section 392 will not attract against them as they had no intention to commit robbery. "The materials including laptop and mobile phone were handed over to them by the complainant and it has been surrendered before the police on the same day itself," it said.
According to police, on September 26, the accused persons trespassed into the lodge where Vijay P Nair was staying for making derogatory and sleazy remarks against women on his Youtube channel. Bhagyalakshmi and Diya Sana assaulted him and poured motor oil, which was streamed through Facebook Live. The incident went viral on social media.