The Kerala High Court on Wednesday, in the plea moved by the State Government challenging the anticipatory bail granted to the author and social activist Civic Chandran in a sexual harassment case, has stayed the order of the Sessions Court granting bail, according to Live Law report.
Justice Kauser Edappagath remarked that the observation of the lower under Section 354A of the Indian Penal Code (IPC) is not prima facie attracted when the woman was wearing sexually provocative dresses' cannot be justified.
The Kozhikode Sessions Court order, which was passed on August 12, had created a massive social outrage as it had observations to the effect that 'sexual harassment complaints would not stand if the woman was wearing a "sexually provocative dress".
Kerala government has approached the high court challenging the anticipatory bail on Wednesday
The state government has submitted the petition under Sections 482 and 439(2) of the CrPC and alleged that the findings and reasoning given by the Sessions Court in the anticipatory bail is suffering from illegality, lack of sensitivity, sobriety and perversity.
The government has contended in the petition that, "The conclusion drawn by the Kozhikode Sessions Court amounts to an infringement of the personal liberty of the victim and a violation of the right to life guaranteed under Article 21 of the Constitution." "The findings of the Court are, per se, illegal, unjust and have the effect of potentially exposing the survivor to secondary trauma. The Supreme Court decision about the dress, behaviours or past 'conduct' or 'moral' of the Prosecutrix should not enter the verdict while granting bail. The Sessions Court flouted all the guidelines issued by the Supreme Court and granted pre-arrest bail to the accused by making observations which were deprecated by the Supreme Court," the petition said.
The Sessions Court granted Civic Chandran anticipatory bail on August 12 in the sexual harassment case.
