KOCHI: The Kerala High Court on Wednesday closed the anticipatory bail plea filed by Malayalam filmmaker and former chairperson of the Kerala State Chalachitra Academy Ranjith in a case registered based on a complaint by a Bengali actress alleging sexual misconduct.
Following this development, Ranjith can appear before the investigating officer and take bail after executing a bail bond since it is a bailable offence. In the case of bailable offences, it is binding upon the investigating officer to grant bail.
When the anticipatory bail plea came up for hearing, CS Hrithwik, the senior public prosecutor informed the court that the alleged incident took place in 2009, during which time the offence under Section 354 (Assault or use of criminal force to a woman with intent to outrage modesty) of the IPC was bailable.
The punishment was for two years or a fine or both. The punishment for the offence under Section 354 IPC was enhanced to imprisonment of up to five years and made non-bailable after the amendment on February 3, 2013.
Justice CS Dias recorded this and closed further proceedings.
According to the prosecution, the accused invited the actress to his flat in 2009 to discuss a movie- 'Paleri Manikyam: Oru Pathirakolapathakathinte Katha'.
During the discussion, the accused allegedly held the complainant’s hand inappropriately and attempted to touch other parts of her body with sexual intent. The Ernakulam Town North Police registered an FIR for the offence under Section 354 of the IPC (Assault or use of criminal force against a woman with intent to outrage her modesty).
Senior Advocate P Vijayabhanu, counsel for the petitioner argued that the alleged incident occurred 15 years ago, hence his custodial interrogation was unwarranted. The alleged incident took place in 2009, at which time the offence under Section 354 of the IPC was punishable by imprisonment for up to two years or a fine or both, and was a bailable offence.
Ranjith argued that he had a substantive right to be released on bail under the provisions of the CrPC, and this right is protected by the provisions of the Bharatiya Nyaya Sanhitha.
The punishment for the offence under Section 354 IPC was enhanced to imprisonment of up to five years and made non-bailable only from February 3, 2013. Therefore, the police's attempt to arrest and detain him is illegal, stated the petition.
