Relief for jeweller Boby Chemmanur: Kerala HC grants bail

HC says body shaming not acceptable in our society

Kochi: The Kerala High Court on Tuesday granted bail to prominent businessman Boby Chemmanur, who is in judicial custody after being arrested in a sexual harassment case filed against him by Malayalam actor Honey Rose.

Granting relief to Chemmanur, Justice P V Kunhikrishnan, however, said,”body shaming is not acceptable in our society”. “Comments about the body of a person as too fat, too skinny, too short, too tall, too dark, too black, etc. should be avoided. There is a sense that we are all ‘too something’ and we are all ‘not enough’. This is life. Our bodies will change, our minds will change and our hearts will change. Everybody should be vigilant while making comments about others, whether they are men or women,” the court said.

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Noting that the businessman was accused of offences that entail a jail term of up to three years, the judge said the Supreme Court had observed that in offences where punishment was for seven years or less, an accused cannot be arrested by the police without sufficient reasons.

“In the light of the above principle, I think the petitioner can be released on bail after imposing stringent conditions… Moreover, it is a well-accepted principle that the bail is the rule and the jail is the exception,” the judge said.

While granting him the relief, the court also noted that prima facie it was of the opinion that “there are ingredients to attract the offences alleged against the petitioner (Chemmanur). Chemmanur has been charged under Section 75(4) of the Bharatiya Nyaya Sanhita (BNS) for making “sexually coloured remarks” as a form of sexual harassment, as well as under Section 67 of the IT Act for publishing or transmitting obscene material in electronic form.

The High Court noted that he used words “with double meanings”. “Any Malayalee who reads the First Information Statement (FIS) can easily understand that the words used by the petitioner (Chemmanur) are with double meanings.

“Therefore, I am of the considered opinion that prima facie, the ingredients of the offences alleged are attracted. Even though the senior counsel (for Chemmanur) tried to argue before me that the ingredients of the offences are not attracted, I cannot agree with him on the same,” Justice Kunhikrishnan said.

The court also said that “body shaming is not acceptable in our society”. “Comments about the body of a person as too fat, too skinny, too short, too tall, too dark, too black, etc. should be avoided. There is a sense that we are all ‘too something’ and we are all ‘not enough’. This is life.

“Our bodies will change, our minds will change and our hearts will change. Everybody should be vigilant while making comments about others, whether they are men or women,” the court said.

The High Court said that Chemmanur shall be released on bail on executing a bond of Rs 50,000 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

It directed him to appear before the Investigating Officer (IO) for interrogation as and when required, cooperate with the probe and not to, directly or indirectly, influence or intimidate persons acquainted with the case to prevent them from disclosing facts to the court or any police officer.

It also directed Chemmanur not to commit an offence similar to the offence he is accused of and said that if any of the conditions were violated, his bail can be cancelled by the jurisdictional court.