'Body shaming not acceptable': Kerala HC grants bail to Boby Chemmanur in sexual harassment case

Boby Chemmanur was booked under Section 75 (Sexual Harassment) of the BNS and Section 67 (publishing or transmission of obscene material in electronic form) of the Information Technology Act.
Businessman Boby Chemmanur being brought to Ernakulam Central Police Station after he was taken into custody.
Businessman Boby Chemmanur being brought to Ernakulam Central Police Station after he was taken into custody.(File Photo | Express)
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KOCHI: The Kerala High Court on Tuesday granted bail to prominent businessman Boby Chemmanur, who was arrested in a sexual harassment case filed against him by a female Malayalam actor.

While granting bail, Justice PV Kunhikrishnan said, "Body shaming is not acceptable in our society. Comments about the body of a person, such as being too fat, too skinny, too short, too tall, too dark, too black, etc., should be avoided. There is a sense that we are all 'too something' and we are all 'not enough.' This is life, our bodies will change, our minds will change, and our hearts will change. Everybody should be vigilant while making comments about others, whether they are men or women."

Boby Chemmanur was booked under Section 75 (Sexual Harassment) of the Bharatiya Nyaya Sanhita and Section 67 (publishing or transmission of obscene material in electronic form) of the Information Technology Act.

The judge also cited the words of Steve Maraboli, an American motivational speaker: "If you judge a woman by her appearance, it does not define her, it defines you."

After examining the First Information Statement in the case, the court said, "Prima facie, there are ingredients to attract the offences alleged against the petitioner. The petitioner is using words with double meanings. Any Malayalee who reads the First Information Statement can easily understand that the words used by the petitioner have double meanings. Therefore I am of the considered opinion that prima facie, the ingredients of the offences alleged are attracted."

Businessman Boby Chemmanur being brought to Ernakulam Central Police Station after he was taken into custody.
Jail authorities say no special privileges were given to businessman Boby Chemmanur

Opposing the bail plea, the prosecutor submitted that Boby Chemmanur is repeatedly using double-meaning words against the actor. The prosecutor added that the petitioner claims that he is a celebrity and he has several followers on social media. If he is making these statements against woman, will attract the offences alleged.

The court directed Boby Chemmanur to execute a bond for Rs 50,000 with two solvent sureties each for the like sum. He shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall cooperate with the investigation and shall not, directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing facts to the court or to any police officer.

According to the prosecution, during the inauguration ceremony of Chemmanur International Jewellery showroom in Kannur on August 7, 2024, the accused wore a necklace around the neck of the complainant and thereafter he made unwelcomed sexual advancement with bad intentions and twirled/rotated her.

The accused commented, "You have seen the front side of the necklace and now you should see the backside." This comment has a double meaning.

The accused also commented that on seeing the complainant he is reminded of 'Kunthi Devi' which was a sexually coloured remark. The double meaning in the comments was understood by all and the offensive part was celebrated by social media.

Businessman Boby Chemmanur being brought to Ernakulam Central Police Station after he was taken into custody.
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