XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Crime No.1192 of 2024 of the Museum Police Station, Thiruvananthapuram, which is registered against him for allegedly committing the offences punishable under Ss. 376 and 506 of the Indian Penal Code, has filed the application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an order of pre-arrest bail.

(2.) The survivor of the above crime has submitted Annexure 2 complaint to the State Police Chief, inter alia, alleging that the accused got in touch with her through Facebook in 2014. He frequently interacted with her and her mother over the phone and via Skype. The accused encouraged the survivor to work in the cinema and assured her of all help from his side. In 2016, the accused invited the survivor and her parents to attend the preview of his movie 'Sukhamayirikatte', which they attended. It was for the first time the survivor met the accused. After the movie, the accused invited the survivor to the Mascot Hotel for lunch and to discuss on a new film in which his son was proposed to play the lead role. Accordingly, the survivor went to the accused's hotel room. The accused made the survivor sit on a chair near his bed, and he explained the adjustments and compromises that are expected of women to excel in the field. After that, he went near the survivor and, without her consent, grabbed her hand, pressed her fingers and said that her nails were looking good and that he loved her nail polish colour. Suddenly, he kissed her cheeks, neck, lips and shoulders, and then he grabbed and pressed her body very hard, including her stomach and breasts. The survivor was startled by the accused's acts and froze with fear. He then touched her genitals. He removed the survivor's clothes and inner garments and bit and licked the survivor's body, breasts and vagina. The survivor tried her best to push away the accused, but he confined her. He requested the survivor to permit him to lick her genitals if she did not allow him to have penetrative sex. Yet, he attempted to have sexual intercourse, which the survivor resisted. The accused touched, inserted his finger and spat on the survivor's genitals. The survivor got angry, sad and broke down. She told the accused that she would tell people about the incident. But he told her that no one would believe her, as she does not have a profile and her standing is zero compared to his. The survivor was shell-shocked and managed to escape from the room, completely shaken. Even after the incident, the accused attempted to contact the survivor, but she refused to respond to his calls, and she blocked him. The survivor belongs to a middle-class family. The trauma was so much that she could not reveal the whole incident even to her parents. In 2019, she gathered courage and mentioned the harassment in a Facebook post. Subsequently, the survivor got threatening messages, due to which she never had the courage to complain.

(3.) Heard; Sri. B. Raman Pillai, the learned Senior Counsel appearing for the petitioner; Sri. P. Narayanan, Additional Public Prosecutor; and Sri. V. Harish, the learned Counsel appearing for the survivor/intervenor.