Businessman Boby Chemmanur, who was arrested in connection with a sexual harassment case filed by a Malayalam actress, has filed a petition in the Kerala High Court seeking bail. The allegations stem from comments Chemmanur allegedly made during an inaugural event at a jewelry store he owns, which the actress claims were sexually suggestive and led to others posting inappropriate comments about her on social media. Before filing the police complaint, the actress had publicly condemned the obscene comments and warned of legal action.
Chemmanur, arrested on January 8 from Wayanad, was charged under Section 75(1)(i) of the Bharatiya Nyaya Sanhita (BNS) for making unwelcome sexual advances, Section 75(1)(iv) for sexually colored remarks, and Section 67 of the IT Act for transmitting obscene material online. Chemmanur had previously moved the Judicial First Class Magistrate-II at Ernakulam for bail, but his request was rejected on January 9. The Magistrate found that Chemmanur’s remarks had sexual innuendo, including calling the actress “Kunthidevi,” which the Magistrate determined was a sexual reference.
As a result, Chemmanur was remanded to judicial custody for 14 days. His legal team has now moved the Kerala High Court, reiterating his earlier defense that the allegations are fabricated and part of a publicity stunt by the actress. In his petition, Chemmanur also argued that his arrest violated the guidelines set out by the Supreme Court in the Arnesh Kumar case regarding arrests for non-bailable offenses.
Chemmanur’s legal team further claims that the Magistrate who rejected his bail plea was the same one who recorded the statement of the actress. This, they argue, could lead to an unfair or biased assessment of the case, as the Magistrate may have been influenced by one party without hearing the defense. They also point out that the alleged evidence in the case is readily available in the public domain, making Chemmanur’s remand unnecessary.
Justice PV Kunhikrishnan, presiding over the High Court case, declined to grant an urgent hearing and instead scheduled the matter for January 14, allowing time for the prosecution to provide instructions. The judge emphasized that Chemmanur’s case would receive standard treatment and noted that the prosecution would be given four days to prepare. He also advised Chemmanur’s counsel, Senior Advocate B Raman Pillai, to instruct his client to be more cautious with his public statements, suggesting that Chemmanur should avoid making further comments that could be deemed insulting.
Chemmanur’s legal team, which includes Senior Advocate B Raman Pillai, advocates MR Dhanil, Geo Paul, Sujesh Menon VB, Senitta P Jojo, Vidhuna Narayanan, and T Anil Kumar, has requested bail on several grounds, including the lack of sufficient evidence to justify his detention and the procedural issues surrounding his arrest. They maintain that granting bail would allow Chemmanur to properly defend himself and ensure fairness in the legal process.
The case has garnered significant attention due to the high-profile nature of the individuals involved and the serious allegations of sexual harassment. The Kerala High Court’s decision on the bail application will be a crucial development in the case and may have broader implications regarding legal processes for high-profile individuals facing similar charges.
