The Kerala High Court has granted anticipatory bail to two practicing lawyers who stand accused of sexually abusing their client. The decision was passed by Justice Gopinath P.
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The case’s backdrop involves a woman who approached one of the lawyers for legal assistance in her divorce proceedings. It is alleged that this lawyer subsequently invited her to a hotel, where he sexually assaulted her after spiking her drink. The allegations further claim that this lawyer promised to purchase a house for her and ensure the well-being of her children. The abuse purportedly persisted, and the woman was later called to Tellicherry, where the second lawyer, a colleague of the first, also allegedly abused her. Moreover, it has been claimed that the first lawyer captured nude photographs and videos of the victim on his mobile device.
In his petition, the complainant, T Ramesh, stated,
“A cumulative reading of all the complaints preferred by the de facto complainant/victim would indicate that she was abused right from the time she had first approached the 1st petitioner seeking his professional help.”
However, he also highlighted that the first official complaint was only filed on June 30, 2023. The court observed,
“While this itself may not be fatal to the prosecution case, it lends credence to the argument of the learned counsel for the petitioners that the de facto complainant/victim had actually filed a complaint being aggrieved by the fact that she had not received sufficient compensation in the proceedings before the Family Court.”
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The defense contended that the complaint was lodged out of grievance, as the complainant was discontented with the compensation, she received post her divorce. They also argued that the complainant had previously given a letter to the City Police Commission, stating that any relationship between her and the petitioners was consensual, and she did not wish to pursue the complaint.
Opposing the anticipatory bail, Senior Public Prosecutor Vipin Narayan and Advocate Luke J. Chirayil emphasized the gravity of the allegations. They pointed out the disparity in power dynamics, noting that while one of the petitioners was a former District Government Pleader and Public Prosecutor with significant influence in the Police Department, the complainant was a single mother running a tailoring shop.
Taking into account the seriousness of the allegations and the delay in filing the complaint, the court granted the anticipatory bail but emphasized the need for a thorough investigation. The Assistant Superintendent of Police, Thalassery, has been entrusted with the investigation.
The accused lawyers were represented by Advocates S. Rajeev, V. Vinay, M.S. Aneer, Prerith Philip Joseph, Anilkumar C.R., Sarath K.P., and K.S. Kiran Krishnan.
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