'Counterblast To Disclosure Against Dileep' : Director Balachadrakumar Moves Kerala High Court Seeking Pre-Arrest Bail In Rape Case

Malayalam film director Balachandrakumar has moved the Kerala High Court seeking anticipatory bail apprehending arrest in a case where he has been accused of raping a woman in 2010 and recording the incident on his cellphone. 

The director has been charged under Section 376 (i) of IPC (sexual assault) and Section 66 E of the Information Technology Act (violation of privacy). 

The prosecution case is that the de facto complainant contacted the petitioner regarding her job and she was asked to come over to his residence for the discussion. 

When she reached the place, the petitioner allegedly pushed her and sexually assaulted her. It has also been alleged that he showed her the video of the said incident which was recorded through a hidden camera. 

The plea moved through Advocate V. Philip Mathews states that Balachandrakumar is innocent of the allegations levelled against him and that this crime is a consequence of his disclosure about actor Dileep's involvement in the 2017 sexual assault case. 

"The present crime is registered as a counter blast to the disclosure statement given by the petitioner against film actor Mr. Dileep based on which Crime No. 6/22 of Crime Branch Police Station has been registered," reads the plea.

It has been contended that this case has been registered solely to wreak vengeance on the petitioner and to silence him through the de facto complainant at the behest of Dileep.

Further, the primary grievance of the petitioner is that the FIR has been lodged in February 2022, around 12 years after the incident, particularly after he gave the disclosure statement against Dileep. 

It was pointed out that this long delay has been left unexplained by the prosecution and the petitioner, therefore, prayed that the allegations were not believable. 

Balachandrakumar has also argued that he is not familiar with the de-facto complaint and that he has not seen her before. The allegations have been raised merely to compel him to retreat from revealing the truth in the cases pending against the actor, he contended. 

 It was also put forth that the arrest and detention of the director were not necessary for the investigation of the case. He also guaranteed to cooperate with the investigation and to refrain from absconding or tampering with the evidence. 

The plea further states that the petitioner apprehends torture in police custody and that his life would be in danger if sent to police custody due to his ailments.  

On these grounds, he has prayed for pre-arrest bail in the case.

Case Title: P. Balachandrakumar alias Balu v. State of Kerala

Click Here To Read/Download The Petition