The Kerala High Court on Monday granted anticipatory bail to Malayalam film actor Baburaj in a case filed on allegations that he raped a woman who worked at his resort in Munnar..The woman-complainant had made the rape allegation shortly after the public release of the Justice K Hema Committee Report in August this year, which indicated large-scale sexual harassment in the Malayalam film industry. Justice CS Dias allowed Baburaj's pre-arrest bail application today after observing that there was an unexplained delay of around six years in lodging the complaint. The Court also noted that the complainant, prima facie, appears to have had a consensual relationship with the actor.The Judge further found that custodial interrogation was not required in this case. He also cited the Supreme Court's recent decision to grant actor Siddique (also accused in a rape case after the release of the Hema Committee report) anticipatory bail while extending similar relief to Baburaj."On comprehending the inordinate delay in registering the FIR and also taking note of the principles laid down by the Hon'ble Supreme Court in Siddique v State of Kerala & anr and further there are prima facie materials to show that the petitioner and the survivor had a consensual relationship, and at this distance of time, the Petitioner's custodial interrogation is not necessary. I am convinced and satisfied that th petitioner has made out satisfactory grounds to invoke this Court's discretionary jurisdiction of this court under Section 482 of the BNSS. Hence I am inclined to allow his application, subject to conditions."The Court proceeded to direct the actor to report before the investigating officer within ten days and cooperate with the probe. .The rape case against Baburaj was registered at the Adimali police station and involves allegations that he sexually abused the complainant twice, once in 2018 and again in 2019, while she worked as a manager at a resort owned by him in Munnar.Based on the allegations, the police booked Baburaj under Sections 376(2)(n) (repeated rape on the same woman), 354A(1)(i), and 354A(1)(ii) (sexual harassment and demand for sexual favors) of the Indian Penal Code..Baburaj has denied the allegations in his anticipatory bail plea, arguing that the relationship was consensual. He also claimed to have evidence, including messages, that demonstrated the nature of their interactions. He alleged that the complainant was trying to exploit the situation, influenced by the ongoing discourse around the Hema Committee report.He denied the charges, asserting that they were part of a blackmail scheme to extract money from him..Baburaj was represented by advocates S Rajeev, V Vinay, MS Ameer, Sarath KP, Prerith Philip Joseph, Anilkumar CR, and KS Kiran Krishnan.
