Suffering From Disorder With Exhibitionism As Symptom- Kerala HC Grants Bail To Actor Who Flashed Private Part To Children
The medical certificate issued by a Consultant Neuro Psychiatrist reveals that the Petitioner is suffering from a behavioural personality disorder in which exhibitionism is a symptom, noted the Kerala High Court while granting bail to Malayalam film actor Sreejith Ravi.
The actor is accused of "indulging in an act of exhibitionism by taking out his male organ and caressing it in front of two young school going girls" and is charged under Section 509 of the IPC and Section 12 r/w Section 11(1) of the POCSO Act, 2012.
Senior Advocate P. Vijaya Bhanu appearing for the Petitioner told the Court that the actor has been under treatment of a Specialist for personality disorder since 2016 and that taking into reckoning the peculiar circumstances, he ought to be released on bail.
Grashious Kuriakose, the Additional Director General of Prosecution submitted that subject to appropriate measures for preventing recurrence of such offensive acts, the State has no objection in the grant of bail.
The Bench of Justice Bechu Kurian Thomas noted that "The medical certificate reveals that petitioner needs medical attention. The parents and the spouse of the petitioner have expressed their willingness to do the needful. They were in fact providing him with the required treatment. However, with the onset of Covid-19, there has been a lapse as can be understood from the medical certificate".
The Bench held that continued detention of the Petitioner is not necessary and that the Court needs to impose conditions for preventing the recurrence of similar conduct from the Petitioner.
Accordingly, the Court granted bail subject to conditions, including that, "the petitioner as well as the father of the petitioner shall file an affidavit before the jurisdictional court affirming and undertaking their willingness to provide adequate and effective regular outpatient medical treatment to the petitioner to prevent recurrence of further similar conduct by the petitioner".