KOCHI: The state government on Friday informed the Kerala High Court that actor-producer Vijay Babu, accused in a rape case, cannot file an anticipatory bail plea while staying outside India and it is not maintainable.
The High Court had earlier held that if the person concerned is not present in India, the court would not be able to stipulate a condition that he should not leave India without the previous permission of the court. A person not in India and who does not intend to visit India soon cannot move an application in a court in India, pointed out the prosecution.
The prosecution also said the conduct of the accused has also to be taken into consideration. After the FIR was registering against him, he left India and later revealed the name of the victim in public. Vijay Babu’s counsel, however, said his client has not absconded at all and he is ready to return to India. A one-sided investigation is going on now. If the court grants him interim protection, he will appear before the investigating officer and produce all documents with him, said the counsel. The court adjourned the hearing of the bail plea to Monday.