Words Used By Accused Have Double Meaning; Body Shaming Not Acceptable: Kerala HC Grants Bail To Boby Chemmanur In Sexual Harassment Case

The businessman was arrested on January 8, 2025, after being accused by an actress of making sexually coloured remarks about her on social media. The Court allowed the Bail Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) by the owner of Chemmannur International Jewellery accused of sexual harassment under Sections 75(1)(i) and 75(1)(iv) of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the Information Technology Act.

A Single Bench of Justice PV Kunhikrishnan held, “Prima facie I am of the opinion that there are ingredients to attract the offences alleged against the petitioner. The petitioner is using words with double meanings. Any Malayalee who reads the First Information Statement can easily understand that the words used by the petitioner are with double meanings. Therefore I am of the considered opinion that prima facie, the ingredients of the offences alleged are attracted.”

Senior Advocate B. Raman Pillai represented the Petitioner, while Senior Public Prosecutor Noushad K.A. appeared for the Respondent.

Brief Facts

The prosecution alleged that during the inauguration of a Chemmannur International Jewellers showroom, the accused sexually harassed the complainant, who was invited as a guest for the event. It was alleged that the accused adorned her with a necklace and twirled her around in front of a large audience without her consent. The accused also allegedly made sexually coloured remarks on social media following the event. A complaint was filed, and the accused was arrested on January 8, 2025.

Court’s Reasoning

The Court noted that the bail was opposed on the grounds that it would give a wrong message to the society. The Bench also noted that the accused was continuously using double meaning words against the complainant, as per the FIR.

The Public prosecutor made available another video of the accused where he demonstrated the complainant's body structure using his hands.

“I am of the considered opinion that prima facie, the ingredients of the offences alleged are attracted. Even though the Senior Counsel tried to argue before me that the ingredients of the offences are not attracted, I cannot agree with him on the same,” the Bench stated.

The Court referred to the decision in Arnesh Kumar v. State of Bihar (2014), wherein the Apex Court observed that the offences punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, the accused cannot be arrested by the Police Officer without sufficient reasons.

Consequently, the Court ordered, “In the light of the above principle, I think the petitioner can be released on bail after imposing stringent conditions.”

Before concluding, the Court also observed that “body shaming is not acceptable in our society. Comments about the body of a person as too fat, too skinny, too short, too tall, too dark, too black, etc. should be avoided. There is a sense that we are all “too something,” and we are all “not enough”. This is life. Our bodies will change, our minds will change and our hearts will change. Everybody should be vigilant while making comments about others, whether they are men or women. I leave it there.”

Accordingly, the High Court allowed the Bail Application.

Cause Title: C.D. Boby @ Dr. Boby Chemmanur v. State of Kerala (Neutral Citation: 2025:KER:2433)

Appearance:

Petitioner: Senior Advocate B. Raman Pillai; Advocates M.R.Dhanil, Sujesh Menon V.B., Senitta P. Jojo, Vidhuna Narayanan, T.Anil Kumar, Geo Paul

Respondent: Senior Public Prosecutor Noushad K.A.

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