CASE NAME: Balachandra Menon v State of Kerala & ors
In a case concerning claims that he committed sexual assault in 2007, the Kerala High Court on Wednesday awarded Malayalam actor and filmmaker Balachandra Menon anticipatory bail.In addition to providing the filmmaker with relief today, Justice PV Kunhikrishnan noted that men are entitled to dignity as well. “Remember that right and dignity is not only to women, but to man also,” he stated.
The complaint in this case was filed over 17 years after the claimed assault, which raised questions about its veracity, the court stated. It believed that anticipatory bail should be granted in this case because to the lengthy delay in submitting the complaint. “The victim’s complaint was filed 17 years after the purported assault, which is an acknowledged fact. The petitioner’s status as a well-known movie star and Padma Shri recipient is also acknowledged. It noted, “This case has been registered based on a lady’s statement, that too after 17 years,” before granting Menon’s request for anticipatory bail.
Following the public release of the Justice K Hema Committee Report on the working conditions of women in the Malayalam film business, Menon is one of numerous well-known individuals in the industry who have been accused of sexual assault. When it was made public, it revealed that sexual abuse was pervasive in Mollywood and led several women to come forward with accusations against longtime industry veterans. The Cantonment Police Station in Thiruvananthapuram is where the charge against Menon has been filed. According to the complaint, Menon sexually abused her while filming De Ingottu Nokkiye in 2007 by hugging her, touching her breasts, and indulging in inappropriate body fluid behavior.
A criminal case was filed under Sections 354, 509, and 506 of the Indian Penal Code in response to these accusations. In accordance with Section 164 of the Criminal Procedure Code (CrPC), the victim’s statement was also recorded. The accusations against him were refuted by Menon. Menon’s attorney argued during anticipatory bail arguments that the complaint was malicious and without merit. He said that the victim had only brought the case 17 years later in order to damage Menon’s image. In addition to stressing Menon’s reputation as a Padma Shri recipient and a well-known figure in Malayalam cinema, the attorney also mentioned that the complainant and her attorney had threatened Menon with phone calls. Menon claims that he had also informed the police about these purported attempts to harass and blackmail him.
In accordance with Section 351 of the Bharatiya Nayaya Sanhita (BNS) and the terms of the Information Technology Act, a case has also been filed on his complaint of criminal intimidation. Menon’s pre-arrest bail plea was denied by the Public Prosecutor, who contended that the serious accusations against him called for a thorough investigation.