The Kerala government on Monday, August 22 moved the High Court seeking to cancel the anticipatory bail granted to writer 'Civic' Chandran by a sessions court in Kozhikode in a sexual abuse case. In its plea, the government sought to remove the controversial remarks in the August 12 order of the Kozhikode Sessions Court while granting bail to the 74-year-old writer. This is the second bail given to Civic Chandran that the government is opposing.
The Sessions Court had observed that the offence under sexual harassment is not prima facie attracted, as the woman wears "sexually provocative dress" and it has sparked a widespread controversy with the state Women's Commission strongly deploring it.
The government, in its plea, sought to remove the remarks saying it questions the survivor's right to freedom under the Constitution. The plea also said that the observation of the lower court was illogical and without examining the facts of the case.
"The photographs produced along with the bail application by the accused would reveal that the de facto complainant herself is exposing to dresses which are having some sexually provocative one. So, sexual harassment under IPC 354A will not prima facie stand against the accused (sic).”
"Even admitting that there was a physical contact, it is impossible to believe that a man aged 74 and physically disabled can forcefully put the de facto complainant in his lap and sexually press her breast," the court had observed and granted bail to the accused saying it was a "fit case wherein the accused can be granted bail".
The court had made the observations while granting bail in the second sexual harassment case registered against him.
Chandran has been accused in two sexual harassment cases, one by a writer and belonging to a Scheduled Tribe community, alleging sexual harassment by him during a book exhibition in Kochi in April.
The other was by a young writer, who accused him of sexual harassment during a book exhibition in the town in February 2020.
The Koyilandy police had registered cases against Chandran, but had not been able to arrest him as he has been at large since the first case was registered.
Chandran was granted anticipatory bail in the first case on August 2. The Kerala government has already opposed the first bail order saying it was against the spirit of the SC/ST (Prevention of Atrocities) Act.