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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Venu Gopalakrishnan, S/o Gopalakrishnan – Appellant
Versus
State Of Kerala – Respondent
Key Points: - The Court held that anticipatory bail application is maintainable in the High Court and that a citizen has the right to choose the forum; maintainability is not strictly restricted to approaching Sessions Court first (!) (!) (!) . - Petitioners 2 to 4 were granted anticipatory bail with conditions due to lack of specific sexual harassment allegations against them and due to threats/ honey trap allegations, while the first petitioner was denied anticipatory bail due to serious alleged offences including rape and potential witness/evidence tampering (!) (!) . - The Court emphasized the need for thorough investigation in sexual harassment cases and warned against unnecessary interference that could compromise evidence collection, while permitting conditional bail for co-accused (!) (!) .
ORDER :
BECHU KURIAN THOMAS, J.
Petitioners have filed this application seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioners are accused 1 to 4 in Crime No.235 of 2025 of Infopark Police Station, Ernakulam, registered alleging offences punishable under Sections 351(2), 79, 74, 75 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 67A of the Information Technology Act, 2000. Subsequently, during the course of investigation, the offence under Section 64 of BNS has also been incorporated.
3. The prosecution alleges that the first accused subjected the defacto complainant to sexual exploitation while accused 2 to 4 threatened the defacto complainant over phone, intimidating her that she will be trapped in a case and even murder her, if she complains against the first accused and thereby committed the offences alleged.
4. The first petitioner is a businessman while the remaining petitioners are his employees and Director working in the same establishment. Petitioners have pleaded that the first petitioner has been receiving threatening calls from the husband of the defacto complainant alleging illicit relationship between
Anticipatory bail eligibility requires balancing personal liberty against grave allegations of sexual harassment, emphasizing the need for thorough investigations without interference.
Anticipatory bail may be granted if there are substantial doubts on the prosecution's claims and absence of flight risk, requiring adherence to specific conditions.
The importance of personal liberty and the need to consider the totality of circumstances before denying anticipatory bail.
Anticipatory bail should not be granted in serious offences.
Delay in filing FIR in sexual assault cases is not fatal; courts must consider psychological barriers faced by victims.
Bailable offences should not preclude anticipatory bail unless exceptional circumstances justify denial; mere criminal history is not sufficient grounds for restraint.
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