Kerala High Court grants bail to Boby Chemmanur in sexual harassment case

Justice P V Kunhikrishnan while hearing the businessman's bail plea, noted that Chemmanur's passport was already deposited in court and that he would be available to the police during its investigation.

Kochi: The Kerala High Court on Tuesday granted bail to prominent businessman Boby Chemmanur, who has been arrested and is in judicial custody in a sexual harassment case filed against him by Malayalam actor Honey Rose.

Justice P V Kunhikrishnan granted the relief to Chemmanur after noting that the offences the businessman was accused of carry sentences ranging from one year to three years and the Supreme Court has observed that where the punishment is seven years or less, an accused cannot be arrested by the police without sufficient reasons.

"In the light of the above principle, I think the petitioner can be released on bail after imposing stringent conditions... Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception," the judge said. While granting him the relief, the court also noted that prima facie it was of the opinion that "there are ingredients to attract the offences alleged against the petitioner (Chemmanur).

Chemmanur has been charged under Section 75(4) of the Bharatiya Nyaya Sanhita (BNS) for making "sexually coloured remarks" as a form of sexual harassment, as well as under Section 67 of the IT Act for publishing or transmitting obscene material in electronic form.

The High Court noted that he used words "with double meanings".

"We cannot say there is no double meaning," the court said.

"Any Malayalee who reads the First Information Statement (FIS) can easily understand that the words used by the petitioner (Chemmanur) are with double meanings.

"Therefore, I am of the considered opinion that prima facie, the ingredients of the offences alleged are attracted. Even though the senior counsel (for Chemmanur) tried to argue before me that the ingredients of the offences are not attracted, I cannot agree with him on the same," Justice Kunhikrishnan said.

The court also said that "body shaming is not acceptable in our society".

"Comments about the body of a person as 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," the court said. The High Court said that Chemmanur shall be released on bail on executing a bond of Rs 50,000 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

It directed him to appear before the Investigating Officer (IO) for interrogation as and when required, cooperate with the probe and not to, directly or indirectly, influence or intimidate persons acquainted with the case to prevent them from disclosing facts to the court or any police officer.

It also directed Chemmanur not to commit an offence similar to the offence he is accused of and said that if any of the conditions were violated, his bail can be cancelled by the jurisdictional court.

The prosecution had opposed the bail plea, claiming that almost all of Chemmanur's social media posts carried sexually coloured remarks.

The court, on the other hand, had said during the hearing that a message has already gone to the society as the businessman was in judicial custody since January 9.

He was arrested from Wayanad on January 8.

Chemmanur had approached the High Court after the Ernakulam Judicial First Class Magistrate Court-II denied him bail on January 9 and sent him to judicial custody for 14 days.

In his bail plea, he has claimed that the allegations originated from a complaint lodged by the actor who, until recently, had publicly acknowledged and celebrated her two-decade-long acquaintance with him.

It has further mentioned that she had previously inaugurated three jewellery shops belonging to his business group as the chief guest in April 2019 at Perambra, in December 2022 at Attingal, and in August 2024 at Kannur.

The petition has stated that Honey Rose herself publicly disclosed the complaint by posting a letter addressed to Chemmanur on social media, announcing the filing of the complaint and making unwarranted remarks against him.

According to the actor's complaint, upon invitation, she inaugurated the Chemmanur International Jewellery showroom at Alakode, Kannur, on August 7, 2024, where thousands had gathered to witness the event.

During the inauguration ceremony, Chemmanur placed a necklace around the actress's neck and then made unwelcome sexual advances with bad intentions, twirling or rotating her, the complaint has stated.

However, Chemmanur has stated that he is completely innocent of all the accusations levelled against him and denied the allegations, calling them false, baseless, and incorrect.