Malayalam film director Balachandrakumar moved the Kerala High Court on Friday, February 18, seeking anticipatory bail in a case where he has been accused of allegedly raping a 44-year-old woman in 2010 and recording the incident on his mobile phone. The director was charged under Section 376 (i) of IPC (punishment for rape) and Section 66E of the Information Technology Act (punishment for violation of privacy).
According to LiveLaw, the prosecution case is that the complainant contacted Balachandrakumar (petitioner) regarding her job and was asked to come to his residence for discussions. When she reached the place, the petitioner allegedly pushed her and sexually assaulted her. She also alleged that he showed her the video of the said incident, which was recorded through a hidden camera.
Balachandrakumar has denied the allegations levelled against him and claimed that this was a consequence of his disclosure about actor Dileep's involvement in the 2017 sexual assault case. Rubbishing the allegations, he has stated in the plea, "the present crime is registered as a counter blast to the disclosure statement given by the petitioner against film actor Dileep based on which Crime No. 6/22 of Crime Branch Police Station has been registered.”
He also said that the present allegations have been raised to seek vengeance against him and to silence him, at the behest of Dileep. Further, the FIR has been lodged 12 years after the alleged incident in 2010, particularly after Balachandrakumar gave the disclosure statement against Dileep and the long delay has been left unexplained by the prosecution and the petitioner, therefore, stated that the allegations were not believable.
Balachandrakumar has also argued that he has not seen the complainant before and that the allegations are ‘raised merely to compel him to retreat from revealing the truth’ in the cases pending against Dileep.
Counsel for the petitioner also said that the arrest and detention of the director were not necessary for investigation of this case, guaranteeing that cooperation will be provided with the investigation. The plea further stated that the petitioner Balachandrakumar apprehends torture in police custody and that his life would be in danger if he is sent to police custody due to his ailments, including post-COVID complications.