The Kerala High Court on Wednesday (August 4, 2024) closed a petition filed by film maker and former chairperson of the Kerala State Chalachitra Academy Ranjith seeking anticipatory bail in a case registered on a complaint of a Bengali actor for outraging her modesty, in view of the submission by the prosecutor that the offence charged against him was bailable during the time of incident.
Justice C.S. Dias passed the order after recording the submissions of the prosecutor. Ranjith has been charged with the offence under section 354 of the Indian Penal Code (IPC) (assault or use of criminal force to a woman with intent to outrage the modesty of women).
When the petition came up for hearing, the public prosecutor submitted that as the incident allegedly took place in 2009, the filmmaker was booked for the offence under section 354 of IPC. It was bailable offence then. The section was amended and enhanced imprisonment to five years from two years and made non-bailable only from February 3, 2013.
The petitioner said that that the alleged incident took place 15 years ago. Therefore, his custodial interrogation was not warranted. Besides, at the time when the alleged incident took place, the offence under section 354 of IPC was bailable. Therefore, he had a substantive right to be released on bail and this right was protected by the provisions under the Bhartiya Nyaya Sanhita.
He alleged that the complainant harboured resentment towards him as she was not chosen to act in the film and that she was instigated to file the complaint by those who wanted to remove him from the chairmanship of the Kerala Chalachitra Academy.
Published - September 04, 2024 05:55 pm IST
