The Kerala government had moved an appeal against the order granting anticipatory bail to Civic Chandran after the judge’s observation that the sexual harassment offence would not stand when the woman was wearing ‘sexually provocative’ dresses sparked outrage
Kochi: The Kerala High Court on Wednesday stayed the Kozhikode district sessions court order granting anticipatory bail to writer and social critic Civic Chandran in a sexual harassment case, saying that prima facie, the order was “irregular” and that “irrelevant materials (were) considered” to grant bail.
The bench of Justice Kauser Edappagath stayed the order after the state government moved an appeal against Kozhikode District and Sessions Judge S Krishna Kumar’s order. The high court, however, restrained the arrest of Chandran.
“Prima facie, it appears that order of sessions judge is irregular and that irrelevant materials considered for granting pre-arrest bail. The order of sessions court regarding the observation of wearing sexually coloured dress is unsustainable. Considering the age of the accused, he shall not be arrested till the disposal of the case,” the court said, issuing a directive for call of records of the case from the sessions court.
The stay came a day after judge Kumar was transferred as presiding officer at Kollam labour court.
On August 12, while granting anticipatory bail to Chandran, the judge had observed that the charge under Section 354 (A) (sexual harassment) of the Indian Penal Code would prima facie not be attracted if the woman was wearing “sexually provocative” dresses.
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