Court emphasizes the gravity of accusations and necessity of custodial interrogation in rejecting bail for film director accused of misconduct.
In a significant ruling, the Kerala High Court has denied the pre-arrest bail application of Dhinil Babu, a director associated with Way Farer Films Private Limited, in connection with a case involving allegations of outraging the modesty of an actress. The decision, rendered by Dr. Kauser Edappagath J., underscores the seriousness of the allegations and the necessity for custodial interrogation at the preliminary stage of the investigation.
The case, registered under Crime No. 749/2025 at Ernakulam Town Police Station, involves accusations under Sections 74, 75(1), and 126(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that on October 11, 2025, Babu invited the complainant to his office under the pretext of discussing a film project. It is alleged that he then restrained the actress and committed acts amounting to outraging her modesty.
Counsel for the petitioner, Sri C.J. Varghese Vinu, argued that Babu was falsely implicated and that there was insufficient evidence to link him to the alleged crime. However, the Senior Public Prosecutor, Sri M.C. Ashi, countered that granting bail could potentially impede the investigation.
The court emphasized that pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is not to be granted routinely but requires special circumstances with recorded reasons. The court noted the serious nature of the accusations and deemed custodial interrogation necessary, citing the potential risk of the accused influencing witnesses or interfering with the investigation.
Furthermore, the court dismissed the defense’s submission of a pen drive purportedly containing conversations between the applicant's friend and the victim’s mediator, finding no connection to the facts of the crime.
Ultimately, the court concluded that the gravity of the allegations and the stage of the investigation did not warrant the exercise of its extraordinary jurisdiction to grant bail. Consequently, the bail application was dismissed, reaffirming the court's stance on the need for a thorough investigation in cases involving serious criminal accusations.
Bottom Line:
Pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 cannot be granted as a matter of course. It requires a special case and recorded reasons, especially when the accusation is serious and investigation is at a preliminary stage.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Sections 74, 75(1), 126(2)
Dhinil Babu v. State of Kerala, (Kerala) : Law Finder Doc Id # 2830165
