Boby Chemmanur has approached the Kerala High Court seeking bail in a sexual harassment case. He was arrested following an FIR based on a complaint by a Malayalam actress, who accused him of making sexually inappropriate remarks at an event. Chemmanur was subsequently remanded in custody. The case has drawn significant attention, highlighting the issue of misconduct at public gatherings.
Businessman Boby Chemmanur, arrested in connection with a sexual harassment case filed by a Malayalam actress, has approached the Kerala High Court seeking bail. His initial bail application was denied on January 9 by the Judicial First Class Magistrate-II in Ernakulam, who found that Chemmanur’s actions were not innocent and that his comments about the actress were filled with sexual Implication.
Consequently, he was remanded to custody for 14 days. This led to Chemmanur filing a petition in the High Court.
Justice PV Kunhikrishnan declined to grant an urgent hearing and scheduled the matter for January 14, allowing time for the prosecutor to gather instructions.
The judge clarified,
“There is no speciality for you. I have to give the prosecution time to get instructions. Every bail application that is posted here usually gets four days for the public prosecutor to get instructions. This will receive the usual treatment. I will hear it on Tuesday.”
Justice Kunhikrishnan also advised Chemmanur’s counsel, Senior Advocate B. Raman Pillai, to instruct his client to exercise caution in making public statements.
The judge noted,
“In the meantime, you instruct your client to be careful while making comments in public. It is insulting,”
Pillai assured the court,
“I will convince him of that.”
The actress has accused Chemmanur of making inappropriate comments during the inauguration of a jewellery store he owns, which led others to post sexually inappropriate remarks about her on social media. Before filing her police complaint, she publicly condemned those making obscene comments and warned them of legal consequences.
Chemmanur was arrested from Wayanad on January 8 and charged under Sections 75(1)(i) and 75(1)(iv) of the Bharatiya Nyaya Sanhita (BNS), as well as Section 67 of the IT Act. In his bail application, he claimed that the allegations were fabricated by the actress as part of a publicity stunt and presented a video recording of the incident, arguing that the delay in filing the complaint undermined its credibility.
Despite these arguments, the Magistrate rejected Chemmanur’s bail plea, stating,
“Upon perusal of the FIS and the report submitted by the prosecution, it is clearly mentioned that the petitioner/accused has not only twirled the informant once, but turned her around again by uttering . ‘Look at the back of the necklace once again.’ This act can be understood as a sexual innuendo, as his sole intention was to display the informant’s behind to the crowd.”
After the verdict, Chemmanur reportedly fainted and was later taken to a hospital for a medical check-up before being moved to Kakkanad District Jail.
In his High Court petition, he reiterated his previous arguments and claimed that his arrest violated Supreme Court guidelines from the case of Arnesh Kumar Vs. State of Bihar. He also argued that the same Magistrate who recorded the actress’s statement heard his bail application, which he contended created a bias against him.
The petition stated,
“The recording of the statement by the same magistrate constitutes an ex parte communication, where the magistrate receives information from one party without the other party’s knowledge or presence,”
Chemmanur has sought bail based on these and other grounds. He is represented by Senior Advocate B. Raman Pillai and a team of other advocates.
Case Title: CD Boby @ Dr. Boby Chemmanur v. State of Kerala