The Kerala High Court on Tuesday granted bail to renowned businessman Boby Chemmanur, who has been in judicial custody following his arrest in a sexual harassment case filed by Malayalam actor Honey Rose.
Justice P.V. Kunhikrishnan granted Chemmanur relief after considering that the offenses he is charged with carry sentences ranging from one to three years, and in cases where the punishment is less than seven years, the Supreme Court has ruled that arrest should not be made without sufficient cause.
The judge noted that bail is typically the rule, and imprisonment the exception, and emphasized that strict conditions could be imposed for Chemmanur’s release. The court also acknowledged that there are prima facie grounds to believe that the offenses against Chemmanur are applicable, citing the “sexually colored remarks” and use of double-meaning language in the allegations.
Chemmanur faces charges under Section 75(4) of the Bharatiya Nyaya Sanhita (BNS) for making sexually inappropriate remarks and under Section 67 of the IT Act for distributing obscene material in electronic form. The court observed that the words used by Chemmanur, as outlined in the First Information Statement (FIS), carried double meanings, reinforcing the prima facie case against him. Additionally, the court highlighted that body shaming has no place in society and urged caution when commenting on others' physical attributes.
The businessman has been granted bail on the condition of posting a bond of Rs 50,000 with two solvent sureties of the same amount. He is required to cooperate with the investigation, appear before the Investigating Officer when called, and refrain from influencing or intimidating witnesses. The court also warned that any breach of these conditions could lead to the cancellation of bail.
The prosecution opposed the bail, claiming that most of Chemmanur’s social media content contained inappropriate remarks and argued that granting bail would send a negative message. However, the court countered that the message had already been conveyed by the businessman’s time in judicial custody since January 9, after his arrest in Wayanad on January 8.
Chemmanur had initially been denied bail by the Ernakulam Judicial First Class Magistrate Court-II on January 9, prompting him to seek relief from the High Court. In his bail plea, Chemmanur stated that the allegations stemmed from a complaint by Honey Rose, who, until recently, had publicly praised their long-standing professional relationship. He highlighted that she had previously inaugurated several of his jewellery shops, and argued that the actor’s complaint was part of an unwarranted public campaign against him, including a social media post revealing the complaint.
According to the complaint, during the inauguration of the Chemmanur International Jewellery showroom in Kannur on August 7, 2024, Chemmanur allegedly made unwelcome sexual advances toward the actress while placing a necklace around her neck. Chemmanur, however, maintains that the accusations are false and baseless.
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