Kerala High Court: In a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), concerning charges under Sections 74, 75(1), and 126(2) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’), in a case dealing with an Assistant Film Director accused of casting couch, a Single Judge Bench of Jobin Sebastian, J., while acknowledging the gravity of the allegations and the affront to the dignity of women, held that further judicial incarceration would serve no useful purpose since the investigation had crossed its major stages, and consequently, granted bail subject to stringent conditions to ensure cooperation with the investigation and protection of the complainant.
The prosecution alleged an Assistant Film Director associated with a film production company, invited the de facto complainant, an aspirant to act in films, to an office of a film production company, promising her a role in a film featuring a popular actor. On 11-10-2025, at 7:00 p.m., the complainant was taken to a room under the pretext of discussing the story, where she was wrongfully restrained, and her modesty was outraged.
The Court noted that the records indicated a prima facie case of ‘casting couch’ practices, which must be dealt with a heavy hand. Such offences, which exploited professional aspirations for sexual gratification, constituted a serious affront to the dignity of women. The Court observed that the accused, having been arrested on 3-12-2025 and kept in judicial custody since then, had already undergone medical and potency examinations, with the critical stages of investigation concluded. Accordingly, the Court held that further judicial incarceration would not serve any useful purpose. The Court reasoned that the presence and cooperation of the accused could be adequately ensured by imposing stringent conditions.
Consequently, the Court granted bail with strict conditions including regular appearance before the investigating officer, prohibition on contacting the complainant, surrender of passport, and execution of a bond.
[Dhinil Babu v. State of Kerala, 2025 SCC OnLine Ker 15033, decided on 30-12-2025]
Advocates who appeared in this case :
For the Accused: Babu S. Nair, K.P. Dhaneesh, Advocates.
For the Respondents: Renjith George, SR. PP.