Kochi: Ernakulam judicial first class magistrate court-I on Friday granted bail to director
Ranjith Balakrishnan in a sexual assault case.
A woman actor had alleged that Ranjith attempted to sexually assault her on a film set.
The bail was granted on condition that the accused appear before the investigating officer when required. He has also been barred from contacting the complainant or witnesses. The director is also directed not to enter the shooting location in question or any premises where the survivor is presently residing or working, except with prior written permission of this court, until conclusion of trial.
Granting bail, the court observed that at this stage, there appear to be prima facie materials connecting the petitioner with the alleged offences. "However, this court refrains from entering the merits of the accusations or the veracity of the rival versions," it added.
The court found that the fact that the case is triable by the court of session, or that the allegation relates to a sexual offence against a woman, by itself cannot be a ground to mechanically deny bail when the statutory punishment is below the gravest category. The court is also mindful of the need to send a strong message that offences against women are to be taken seriously; at the same time, the presumption of innocence and the right to personal liberty require that pretrial incarceration be resorted to only when strictly necessary to secure the ends of justice, the court observed.
The counsel for the accused contended that he is innocent and was falsely implicated due to enmity and professional rivalries.
Another contention put forth by Ranjith's counsel was that the director decided to cut short the scenes of the complainant in this case as she could not perform according to the demands raised by the director, and that resulted in an unpleasant situation, including the use of harsh words against the complainant in public by the accused. This, in fact, was the reason for the complaint against the petitioner herein, the defence counsel argued.
Defence also submitted that Ranjith is suffering from serious ailments, having undergone liver transplantation and spine surgery, and is still under medication after the two major surgeries.
Meanwhile, the assistant public prosecutor vehemently opposed the application by stating that the offences alleged are grave in nature. The prosecution further contended that if the accused, who has high economic, social and political influence, is granted bail, there is every likelihood of his influencing or intimidating witnesses, tampering with evidence, and threatening the survivor and her family. The court imposed stringent conditions to address the same.