C.D. BOBY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita.

(2.) Dr. Steve Maraboli, an American Motivational Speaker, said like this: 'If you judge a woman by her appearance, it does not define her, it defines you'.

(3.) The prosecution case is that, on 7/8/2024, at the inauguration of Chemmannur International Jewellers Showroom, located at Alacode, Kannur, the accused sexually harassed the defacto complainant, who was invited as a guest for the event. The accused adorned the defacto complainant with a necklace in front of thousands of people and caught hold of her hand without her consent and twirled her around. The accused again turned her around to show the back of the necklace, which was a sexual overture, submitted the de facto complainant. On the same day itself, it is stated that the accused also made other sexually coloured remarks about the defacto complainant. The prosecution alleged that, after the said incident, the defacto complainant refused to participate in other functions of the petitioner, for which invitation was also extended to the accused. The accused who was disgruntled by the same, made several sexually coloured remarks about the defacto complainant on various YouTube channels and other social media platforms and thereby harassed her sexually. Hence it is alleged that the accused committed the offences under Ss. 75(1)(i) and 75(1)(iv) of the Bharatiya Nyaya Sanhita (for short, BNS). The offence punishable under Sec. 67 of the Information Technology Act (for short, IT Act) is also alleged. The petitioner was arrested on 8/1/2025 and he is in judicial custody.