Today, On 25th November, Actor Baburaj has been granted anticipatory bail by the Kerala High Court in connection with a rape allegation. The accused is alleged to have raped a woman employed at his resort in Munnar. The court’s decision allows Baburaj to avoid immediate arrest. The case continues to be under legal scrutiny.
Munnar: The Kerala High Court granted anticipatory bail to Malayalam film actor Baburaj on Monday in connection with allegations of raping a woman employed at his resort in Munnar.
The allegations made shortly after the public release of the Justice K Hema Committee Report in August, which highlighted widespread sexual harassment in the Malayalam film industry.
Justice CS Dias approved Baburaj’s pre-arrest bail application, noting an unexplained delay of approximately six years in filing the complaint.
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The Court also observed that the complainant appeared to have had a consensual relationship with the actor.
The Judge concluded that custodial interrogation was not necessary in this case and referenced a recent Supreme Court decision to grant anticipatory bail to actor Siddique, who is also facing similar allegations following the release of the Hema Committee report.
The Judge stated,
“On comprehending the inordinate delay in registering the FIR and also taking note of the principles laid down by the Hon’ble Supreme Court in Siddique v. State of Kerala & anr, and further there are prima facie materials to show that the petitioner and the survivor had a consensual relationship… at this distance of time, the Petitioner’s custodial interrogation is not necessary. I am convinced and satisfied that the petitioner has made out satisfactory grounds to invoke this Court’s discretionary jurisdiction under Section 482 of the BNSS. Hence, I am inclined to allow his application, subject to conditions.”
The Court instructed the actor to report to the investigating officer within ten days and cooperate with the investigation.
The case against Baburaj, registered at the Adimali police station, involves allegations of sexual abuse occurring twice, once in 2018 and again in 2019, while the complainant worked as a manager at his resort.
Baburaj charged under Sections 376(2)(n) (repeated rape of the same woman), 354A(1)(i), and 354A(1)(ii) (sexual harassment and demand for sexual favors) of the Indian Penal Code. In his anticipatory bail plea, Baburaj denied the allegations, claiming the relationship was consensual and presenting evidence, including messages, to support his account.
He alleged that the complainant was attempting to exploit the situation, influenced by the ongoing discourse surrounding the Hema Committee report, and asserted that the charges were part of a blackmail scheme aimed at extorting money from him.
Baburaj represented by advocates S Rajeev, V Vinay, MS Ameer, Sarath KP, Prerith Philip Joseph, Anilkumar CR, and KS Kiran Krishnan.
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Anticipatory bail in a rape case is a legal provision that allows a person to seek bail before being arrested, based on the fear of imminent arrest in relation to a crime. If granted, the individual is protected from arrest until the trial or further investigation, provided they comply with specific conditions set by the court.
In cases like rape, anticipatory bail is typically granted after the court considers factors such as the seriousness of the allegations, the evidence available, and the likelihood of the individual fleeing or tampering with evidence. It is meant to prevent unnecessary or unjustified arrests.
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