The Kerala High Court on Thursday cancelled the anticipatory bail granted to author and social activist Civic Chandran in a sexual harassment case.
The Single-Judge Bench of Justice A. Badharudeen gave the verdict, while allowing the pleas made by both the state government and the De Facto complainant.
The petitioners had contended that the order was against the spirit of the special law enacted for Prevention of Atrocities against the people belonging to SC/ST community.
On October 13, the Single-Judge Bench of Justice Kauser Edappagath had upheld the bail granted to Chandran, but expunged the controversial remarks made by the Sessions Judge in the bail order.
The High Court passed the order on a petition filed by the State of Kerala, challenging the grant of anticipatory bail to Chandran, accused of committing offences punishable under Sections 354 A(2), 341 and 354 of the Indian Penal Code.
Principal Judge S. Krishnakumar of Kozhikode Sessions Court in Kerala had granted bail to Chandran on August 17, observing that if a woman was wearing a sexually provocative dress, then Section 354A of the Indian Penal Code (sexual harassment) would not be prima facie attracted.
The Sessions Court had further said that the photographs submitted by Chandran, along with his bail application, indicated that the woman’s style of dressing was “sexually provocative”.
It further observed that the court found it hard to believe that a 74-year-old physically-disabled man could forcibly “hold the complainant, pin her to his lap and press her breasts”.
A woman belonging to the Schedule Tribe community had filed a complaint with the Koyilandy police in April this year, accusing Chandran of sexually harassing her at a poetry camp organised at Nandi Beach on February 8, 2020.
She further alleged in her complaint that even after the assault, Chandran continued to harass her on phone. Though the complaint was filed two years ago, the First Information Report was registered in July, 2022.
The woman has also filed a case under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
A similar case was lodged against Chandran earlier also, when a woman had accused the 74-year-old author of harassing her sexually during a book launch in Koyilandy. The author has remained absconding since the registration of first case. He was granted anticipatory bail in the first case on August 2, 2022.