The Kozhikode sessions court in Kerala granted anticipatory bail to writer and social activist Civic Chandran in a sexual harassment case, observing that the charge under Section 354 (A) (sexual harassment) of the Indian Penal Code would not be attracted if the woman was wearing “sexually provocative” dresses.
On August 12, Chandran, who had included photographs of the complainant in his bail application, was granted anticipatory bail. He had previously obtained anticipatory bail in another sexual harassment case on August 2.
The alleged incident occurred on February 8, this year, at a camp convened by Chandran and others near Koyilandy in Kozhikode district, according to the prosecution. Chandran allegedly groped her and inappropriately touched her when the participants were returning from the camp.
On July 29, the woman filed a complaint, and Chandran was charged under sections 354A (2), 341 and 354 of the IPC.
Along with the bail application, the 74-year-old accused produced photographs of the woman.
Granting anticipatory bail to Chandran, District Sessions Judge S Krishna Kumar said, “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,’’.
Chandran has been accused of sexual harassment in two cases, one by a writer from a Scheduled Tribe community who accused him of sexual harassment during a book exhibition here in April.
The other was filed by a young writer who accused him of sexual harassment at a local book fair in February 2020.
The Koyilandy police had filed cases against Chandran but had been unable to apprehend him because he had remained at large since the first case was filed.
On August 2, Chandran was granted anticipatory bail in the first case.
(With inputs from agencies)
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