Read Time: 06 minutes

Synopsis

The Kerala High Court has granted anticipatory bail to Malayalam actor Balachandra Menon in a sexual assault case filed against him after a 17-year delay.

The court, presided over by Justice P.V. Kunhikrishnan, granted the relief stating that “everybody must remember that the pride and dignity is not only to woman, but to men also.” The court further emphasised that granting bail was in the interest of justice, affirming that personal liberty is a fundamental aspect of the constitutional mandate, and bail should be the rule, not the exception.

The case, which resurfaced following the publication of the Justice Hema Committee Report, was challenged by Menon (petitioner), who contended that the allegations were false and aimed at tarnishing his reputation.

The victim/ complainant had filed a complaint alleging that during the filming of Dhe Ingottu Nokkiye in 2007, Menon sexually assaulted her, which included inappropriate physical contact and advances at a hotel in Ernakulam. The complaint also claimed that the victim, along with her friend, was invited to the petitioner’s hotel room, situated on the sixth floor, where further assaults occurred.

Senior Advocate M. Ramesh Chander, appearing for Menon, informed the court that there were no six floors in the hotel where the victim had alleged to have been assaulted. It was argued that the complaint was filed with malicious intent, aiming to damage Menon's reputation after an extended period of 17 years. The court was also apprised with the fact that Menon had previously filed a complaint against the victim and another individual following threatening phone calls.

The Senior Public Prosecutor Noushad K.A, opposed the bail application, citing the seriousness of the allegations and the ongoing investigation. However, the court found merit in the complainant’s arguments regarding the delayed complaint and the absence of a reasonable explanation for the delay.

The court highlighted that the petitioner is a renowned cine artist with an illustrious career, having directed approximately 40 films and won two National Awards, including the Padma Shri. The court emphasised that “Based on the statement of a lady, that also after 17 years, the present case is registered.”

While acknowledging the ongoing investigation, the court ruled that Menon was entitled to bail. It relied on the precedents established by the Supreme Court in Chidambaram. P v Directorate of Enforcement [2019], Siddharth v State of Uttar Pradesh and Another [2021], and Manish Sisodia v. Central Bureau of Investigation [2023], and noted that “the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.”

The court pointed out that there is no immediate necessity for custodial interrogation and, considering these circumstances, granted bail to Menon.

 

Cause Title: Balachndra Menon v State of Kerala [BAIL APPL. NO. 9058 OF 2024]