Kerala High Court stays order granting bail to Civic Chandran in sexual harassment case 

The Kerala High Court on Wednesday stayed the order issued by the Kozhikode district sessions court granting anticipatory bail to activist Civic Chandran in a case of alleged sexual harassment.

The HC bench of Justice Kauser Edappagath, while staying the grant of bail, said that prima facie, the order was “irregular” and that “irrelevant materials (were) considered” to grant bail, reported The Indian Express, adding that Chandran has been granted relief from arrest for now.

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“Prima facie, it appears that order of sessions judge is irregular and that irrelevant materials considered for granting pre-arrest bail. The order of sessions court regarding the observation of wearing sexually coloured dress is unsustainable. Considering the age of the accused, he shall not be arrested till the disposal of the case,” the court said, according to IE.

The stay came a day after the Kerala government moved an appeal against Kozhikode District and Sessions Judge S Krishna Kumar’s order. The judge was transferred as presiding officer at Kollam labour court on Tuesday.

Also Read: Kerala govt moves HC challenging bail to activist Civic Chandran in sexual harassment case

The order by judge Kumar had sparked a massive controversy. On August 12, the judge, while granting anticipatory bail to Chandran, had observed that the charge under Section 354 (A) (sexual harassment) of the Indian Penal Code would prima facie not be attracted if the woman was wearing “sexually provocative” dresses.

“In order to attract Section 354 A (sexual harassment), there must be physical contact and advances involving unwelcome and explicit sexual overtures. There must be a demand or request for sexual favours. There must be a sexually coloured remark. The photographs produced with the anticipatory bail application by the accused reveal that the complainant herself is exposing to dresses which are sexually provocative. Section 354 A will not prima facie stand against the accused,” the court had said while granting bail to the accused.

In its appeal filed before the High Court, the Kerala government had argued that the findings of the Sessions court judge were illegal and unjust. “The court below relied heavily on certain photographs of the victim which was published in social media and observed that the defacto complainant herself is exposing to dresses which are having some sexual provocative and therefore Section 354A will not prima facie stand against the accused. The above finding is per se illegal, unjust and have the effect of potentially exposing the survivor to secondary trauma” Bar and Bench reported, quoting from the appeal filed by the state government.