Kerala High Court Emphasizes Dignity for Both Men and Women in Landmark Bail Ruling
December 16, 2024 – In a recent judgment, the Kerala High Court has ruled that pride and dignity are not exclusive to women but are equally important for men. The ruling came as the court granted anticipatory bail to renowned Malayalam actor, director, and scriptwriter, Balachandra Menon, who had been accused of sexual assault in a case dating back to 2007. The judgment, delivered by Justice PV Kunhikrishnan, addressed the complexities of the case and underscored the importance of a fair trial for both the accused and the victim.
The case against Menon was filed in September 2024, following the release of the Justice Hema Committee Report, which aimed to address issues of sexual harassment in the Malayalam film industry. The complaint, however, came 17 years after the alleged incident, raising concerns about the delay. The victim claimed that during the filming of *Dhe Ingottu Nokkiye* in 2007, Menon had sexually assaulted her by hugging her, pressing her breasts, and making inappropriate advances. Despite the long gap, the Kerala High Court ruled that the investigation should proceed, but highlighted the importance of ensuring dignity for both parties involved.
The actor’s defense team argued that the complaint was filed with malicious intent to tarnish his reputation. They also questioned the credibility of the victim’s statement, pointing out inconsistencies, including a claim that the incident occurred in a hotel with six floors—something that the hotel did not possess. In contrast, the Public Prosecutor emphasized the severity of the allegations and opposed the bail, urging that the investigation should be allowed to proceed without interference.
Justice Kunhikrishnan acknowledged that while the investigation was ongoing, it was crucial to remember that both men and women are entitled to dignity. “Pride and dignity are not only for women but for men as well,” the judge remarked, in a statement that has garnered attention for its broad implications on the principle of fairness. The court emphasized the need for a balanced approach, considering the long delay in filing the complaint and the prominent status of the accused.
In granting bail, the court cited the principle that bail is the rule, not the exception, and emphasized the need for a fair trial without unnecessary detention. The court outlined conditions for Menon’s release, including his cooperation with the investigation and an agreement to appear before the Investigating Officer. This ruling has sparked discussions about the challenges of handling sexual assault cases with long delays, as well as the need for justice to be impartial and fair to all parties involved.