The Kerala High Court on Tuesday directed the police not to arrest actor-producer Vijay Babu in the rape case filed by a woman actor till June 2.
Justice Bechu Kurian Thomas, however, ordered that the actor, on his arrival, shall appear before the investigation officer, who is free to interrogate him. The court also directed the immigration officers not to arrest him till June 2.
Counsel for the actor submitted that the actor had got a confirmed ticket for his travel from Dubai to Kochi on June 1.
Protected from arrest for a period
The judge observed that in the interest of the survivor, investigation agency as well as the petitioner, it was necessary that the petitioner be protected from the arrest for a limited period.
The court passed the interim order when an anticipatory bail petition filed by the actor came up for hearing. The court posted the petition on June 2 for further hearing.
Survivor would benefit
During the hearing, the court said that survivor would be benefited if the petitioner was allowed to come and subject to the jurisdiction of the investigation officer. The court pointed out that he had been remaining elusive for one and half months. The petitioner was ready to come to Kerala and face the investigation. However, he feared his arrest if he lands in Kerala, the court noted.
Counsel for the petitioner pointed out that the actor in fact wanted to come to Kerala and booked his tickets for travel on May 30. However, he had postponed his travel because of the fear that the police would arrest him on his arrival.
The prosecutor, while vehemently opposing the grant of interim protection against the arrest, argued that after fleeing the state, he was now dictating terms to the court for coming back to the country. “Even if he did not return, he would be brought back... He had fled from justice after fully knowing the registration of the crime. This type of practice could not be encouraged,” said the prosecutor.
In his anticipatory bail petition, Vijay Babu alleged that the actor, who filed a complaint against him, used to call him at odd hours and frequently send messages. He claimed that she regularly made attempts to maintain a relationship with him to get more opportunities in the industry. He says he has stored all messages, WhatsApp texts, Instagram messages and photos and videos sent from the mobile number of the complainant, and was prepared to produce them before the investigating agency.
The petition also stated the attempt of the actor was to blackmail the petitioner by filing a complaint alleging that the petitioner sexually assaulted her.
