[Cites 0, Cited by 0]
Kerala High Court
Dhinil Babu vs State Of Kerala on 30 December, 2025
2025:KER:98890
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
TUESDAY, THE 30TH DAY OF DECEMBER 2025/9TH POUSHA, 1947
BAIL APPL. NO. 14756 OF 2025
CRIME NO.749/2025 OF ERNAKULAM SOUTH POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 29.11.2025 IN Bail
Appl. NO.13422 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
DHINIL BABU
AGED 44 YEARS
S/O.C.V. BABU, PATHUVA HOUSE, MUNDAMVELI,
ERNAKULAM DISTRICT, PIN - 682507
BY ADVS.
SRI.BABU S. NAIR
SRI.K.P.DHANEESH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI,
PIN - 682031
2 THE STATION HOUSE OFFICER
ERNAKULAM TOWN SOUTH POLICE STATION
ERNAKULAM DISTRICT, PIN - 682015
SRI RENJITH GEORGE, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA.No. 14756 of 2025 :2:
2025:KER:98890
ORDER
This application seeking bail has been filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita ("BNSS" for short), by the sole
accused in Crime No.749/2025 of Ernakulam South Police Station
registered, alleging an offence punishable under Sections 74, 75(1), and
126(2) of Bharatiya Nyaya Sanhita (for short "BNS").
2. The Prosecution allegation is that the accused, with the
intention to satisfy his lust, invited the de facto complainant, who is an
aspirant to act in films, to come to the office of a film production
company named Way Farer Films Pvt. Ltd., functioning at Fore Castle
building near Panampally Nagar and promised to give an opportunity to
act in a filim in which Dulquar Salman is doing the lead role. Accordingly,
when the de facto complainant reached the said office, on 11.10.2025, at
7.00 p.m., the accused took the de facto complainant to room No.304 of
the said building under the pretext of discussing the story of the said film
and grabbed both her breasts of the de facto complainant after
wrongfully restraining her and thereby outraged her modesty. Hence,
the accused is alleged to have committed the above-mentioned offences.
3. Heard the learned counsel appearing for the petitioner and the
learned Public Prosecutor and pursued the records.
4. The allegation that the petitioner, purportedly a director of
feature films, induced the de facto complainant to visit a film production
BA.No. 14756 of 2025 :3:
2025:KER:98890
office under the guise of offering her a role, only to subsequently restrain
and molest her, is a matter of grave concern. A perusal of the available
records indicates a prima facie case of "casting couch" practices, wherein
the accused allegedly lured the complainant into a room under the
pretext of discussing a script. Given the specific allegation that the
accused outraged the modesty of the complainant by physical
molestation, such conduct constitutes a serious affront to the dignity of
women. Consequently, offences of this nature, which exploit professional
aspirations for sexual gratification, must be dealt with by the Court with
a heavy hand.
5. However, the petitioner was arrested in this case on 03.12.2025
and has been in judicial custody since then. The medical examination,
including the potency examination of the accused, has reportedly been
completed. The investigation has crossed its major and crucial stages,
and, therefore, further judicial incarceration of the petitioner would not
serve any useful purpose. Moreover, the presence and cooperation of the
petitioner during the ongoing investigation can be adequately ensured by
imposing stringent conditions. Hence, having regard to the period of
detention already undergone by the petitioner and the present stage of
the investigation, I am inclined to grant bail to the petitioner subject to
the following conditions:
BA.No. 14756 of 2025 :4:
2025:KER:98890
1. The petitioner shall execute a bond for Rs.50,000/- (Rupees
fifty thousand only) with two solvent sureties each for the
like sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the investigating officer
on every Monday between 10:00 a.m. and 12:00 p.m. for a
period of three months or until the final report is filed,
whichever occurs first.
3. The petitioner shall not, directly or indirectly, contact the de
facto complainant by any means, including electronic
communication, nor shall he attempt to intimidate,
influence, or interfere with her, or tamper with any evidence.
4. The petitioner shall also appear before the investigating
officer as and when required and shall co-operate with the
investigation.
5. The petitioner shall not commit any offence while on bail.
6. The petitioner shall surrender his passport before the
jurisdictional Magistrate within seven days of his release
from jail. If he has no passport, he shall file an affidavit to
that effect before the jurisdictional Magistrate.
7. If the petitioner violates any of the above conditions, the
investigating officer shall be at liberty to file an appropriate
application for cancellation of bail before the jurisdictional
court. Upon such application being filed, the jurisdictional
court may pass appropriate orders, notwithstanding the fact
that the bail was granted by this Court.
Sd/-
JOBIN SEBASTIAN
JUDGE
ANS
BA.No. 14756 of 2025 :5:
2025:KER:98890
APPENDIX OF BAIL APPL. NO. 14756 OF 2025
PETITIONER ANNEXURES
Annexure A
A TRUE COPY OF THE F.I.R. IN CRIME
NO.749/2025 OF THE ERNAKULAM TOWN SOUTH
POLICE STATION DATED, 13-10-2025
Annexure B A TRUE COPY OF THE ORDER IN
C.M.P.NO.5074/2025 OF THE COURT OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
(ECONOMIC OFFENCE), ERNAKULAM DATED,
5-12-2025
Annexure C TRUE COPY OF THE ORDER DATED 29-11-2025 IN
BAIL APPL.13422/2025 OF THIS HON'BLE COURT
