The Kerala High Court has granted anticipatory bail to Malayalam actor Balachandra Menon in connection with a sexual assault case filed against him after a delay of 17 years. Justice P.V. Kunhikrishnan, presiding over the case, emphasized that personal dignity and pride should be upheld not just for women but for men as well. The court remarked, “Everybody must remember that the pride and dignity is not only to woman, but to men also.” It further stressed that granting bail serves the interests of justice, affirming that personal liberty is a fundamental constitutional right and that bail should generally be the norm, not the exception.
The case, which resurfaced following the publication of the Justice Hema Committee Report, was challenged by Menon, who claimed that the allegations were false and aimed at damaging his reputation. The complainant alleged that during the filming of Dhe Ingottu Nokkiye in 2007, Menon sexually assaulted her, including making inappropriate physical advances at a hotel in Ernakulam. The victim also claimed that she, along with a friend, was invited to Menon’s hotel room on the sixth floor, where further assaults took place.
Menon's defense, represented by Senior Advocate M. Ramesh Chander, pointed out that the hotel where the alleged assault occurred did not have a sixth floor. He argued that the complaint was filed maliciously to tarnish Menon's reputation after such a long period. Furthermore, the court was informed that Menon had previously filed a complaint against the victim and another individual regarding threatening phone calls.
The Senior Public Prosecutor, Noushad K.A., opposed the bail application, citing the severity of the allegations and the ongoing investigation. However, the court found merit in Menon’s claim that there was no reasonable explanation for the 17-year delay in filing the complaint.
The court also noted Menon’s established career in the film industry, where he has directed approximately 40 films and won two National Awards, including the Padma Shri. The court observed that the case was filed based solely on the complainant’s statement after such a long delay.
While acknowledging the ongoing investigation, the court ruled in favor of granting bail to Menon, citing precedents set by the Supreme Court in cases such as Chidambaram P v Directorate of Enforcement (2019), Siddharth v State of Uttar Pradesh and Another (2021), and Manish Sisodia v. Central Bureau of Investigation (2023). The court reaffirmed the principle that bail should be the rule and refusal the exception, ensuring the accused has the opportunity for a fair trial. Considering that custodial interrogation was not immediately necessary, the court granted anticipatory bail to Menon.
