Actor producer Vijay Babu granted anticipatory bail by Kerala High Court

Kochi: Vijay Babu, a Malayalam actor and producer accused in a rape case, has been granted interim anticipatory bail by the Kerala High Court till June 2. He is currently in Dubai and has booked a ticket to return to Kerala on June 1. On Tuesday, Vijay Babu's lawyer also produced a copy of the air ticket.

Justice Bechu Kurian Thomas, who issued the interim order on the anticipatory bail application, has directed the police and the Immigration Bureau to refrain from arresting the petitioner until the next posting date. As soon as the petitioner arrives in the country, he has been ordered to appear before the investigating officer and register his presence. At the same time, the court said that the investigating officer would be permitted to question the petitioner.

Vijay Babu's counsel contended that the petitioner was prepared to come under the jurisdiction of the Kerala High Court and face an inquiry if granted interim protection. He said that he had booked tickets to come on May 30 but fearing arrest from the airport, he postponed his trip, according to the New Indian Express.

Opposing the application for interim protection, the prosecution argued that the petitioner was exempt from the jurisdiction of the court merely because his passport had been confiscated. As the petitioner is out of the country he is not entitled to retain this bail plea.

The court also allowed the plea of the victim to implead in the case. The victim's lawyer argued that the petitioner was not honest in his application and did not even disclose his whereabouts when filing the bail.

"I am of the view for the time being that merely because the petitioner is outside the country, that itself cannot deprive his right to have anticipatory bail in the case," observed the court.

The accused being under its control is an important requirement of every investigation in order to conduct an efficient and fair probe.

"Apprehending arrest in a non-bailable offence is sufficient justification to move an anticipatory bail application and when the arrest is imminent, the statute provides even the grant of an interim order."

According to Vijay Babu's lawyer, the police intend to arrest him the moment he lands at the airport.

"In view of those submissions, considering the interest of the victim, the investigation as well as the interest of the petitioner, it is necessary that he be protected from arrest for a limited period of time. Accordingly, I direct the police not to arrest the petitioner until the next posting date of the case," the court held.