Read Time: 07 minutes
The court referenced Dr. Steve Maraboli, an American motivational speaker, stating, “If you judge a woman by her appearance, it does not define her—it defines you”
The Kerala High Court on Tuesday, January 14, 2025, granted bail to Boby Chemmanur, accused in a sexual harassment case filed by a Malayalam movie actress. While delivering its verdict, the court emphasised that body shaming is unacceptable in society and urged caution while commenting on others’ physical attributes.
A Single judge bench of Justice P.V. Kunhikrishnan, observed: “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 allegations arose from an incident during the inauguration of the Chemmannur International Jewellers Showroom in Kannur on August 7, 2024. The complainant, invited as a guest, alleged that Chemmannur, a businessman and the owner of the said showroom, sexually harassed her by adorning her with a necklace and turning her without her consent in front of a large audience. The complainant further alleged that the accused made sexually suggestive remarks during the event and subsequently used online platforms to make derogatory comments about her.
The accused/ petitioner was charged under Sections 75(1)(i) and 75(1)(iv) of the Bharatiya Nyaya Sanhita (BNS) dealing with physical contact and advances involving unwelcome and explicit sexual overtures and making sexually coloured remarks, respectively, along with Section 67 of the Information Technology Act for publishing or transmitting obscene material in electronic form. He was arrested on January 8, 2025, and remained in judicial custody until the bail hearing.
The petitioner, represented by Senior Advocate B. Raman Pillai, argued that the allegations lacked substance and that the complainant’s delayed filing of the complaint raised doubts. Additionally, it was pointed out the complainant’s conduct post-incident as evidence of her lack of grievance.
Opposing the bail plea, Senior Public Prosecutor K.A. Noushad contended that granting bail to Chemmanur would send a negative message to society. The prosecution presented video evidence to demonstrate Chemmanur's alleged inappropriate behaviour, including gestures mimicking the complainant's physical structure.
After reviewing the First Information Statement and evidence, the court concluded that a prima facie case existed against the accused. However, the offences attracted penalties with relatively lesser maximum punishments (up to three years' imprisonment). Citing the Supreme Court’s rulings in cases including Arnesh Kumar v. State of Bihar and Chidambaram. P v Directorate of Enforcement, the court emphasised the principle that “bail is rule and jail is exception,” reiterating that pre-trial incarceration should be avoided unless absolutely necessary.
Laying emphasis on the jurisprudence regarding bail, the court noted that “the petitioner can be released on bail after imposing stringent conditions.” In furtherance, the court granted bail to the accused on conditions including:
Additionally, the court stated that the prosecution or victim could approach the court to seek cancellation of bail if the conditions were violated.
Cause Title: C.D. Boby @ Boby Chemmanur v. State of Kerala [BA 535/2025]
Appearance: Advocates B. Raman Pillai (Sr.), M.R. Dhanil, Sujesh Menon V.B., Senitta P. Jojo, Vidhuna Narayanan, T. Anil Kumar, Geo Paul (Counsel for Petitioner/ Accused); Senior Public Prosecutor Noushad K.A.(Counsel for Respondents)
Please Login or Register
