Court denies anticipatory bail to Bhagyalakshmi and two others

Thiruvananthapuram: An Additional Sessions Court, here has denied anticipatory bail to dubbing artist Bhagyalakshmi and two other women – Diya Sena and Sreelakshmi Arackal – who assaulted a man who had posted a offensive video on YouTube.

The court observed that no one could take law into their hands on the strength of man power of muscle power.

Vijay P Nair, a YouTuber, also known for making offensive and vulgar videos about women, was attacked by the artist and the two activists on September 26.

The accused barged into the lodge of Vijay Nair and manhandled him, abused him, and smeared ink on his face for making offensive videos about feminists. The visuals of the attack were live-streamed via Facebook Live.

Also, the accused took away Vijay Nair's laptop and the mobile phone, which were handed over to the police.

The women had said that they were forced to take extreme step as the complaint filed with the police did not evoke any favourable response.

The Thampanoor Police, on a complaint by Vijay Nair, filed a case against the accused under various sections of IPC.

The lawyer on behalf of the accused submitted that the attack was not pre-meditated and the laptop, mobile phone etc were not robbed but took to surrender to the police.

However, the prosecution opposed the bail applications of the women by arguing that granting them relief would send a wrong signal to the society.

The Court accepted the prosecutor's arguments and said:

The petitioners have committed house trespass and stealthily removed the valuable articles such as laptop, mobile phone, headset and mike owned by the de-facto complainant from his possession. In these circumstances, granting anticipatory bail to the petitioners invoking Section 438 CrPC would give a wrong message to the society that anybody can resort to such vandalism so as to oppress their opponents. That apart, the principle of might is right will prevail in the society, which would bring only insecurity to the common man".

Denying the claim of the accused that the attack was not pre-meditated, the court said:

The petitioners have brought a nettle plant whose contact would cause itching on the human body. Petitioners' intention is thus clear. They also brought an ink bottle so as to pour on him and thereby humiliate him by capturing the incident and they published the same through social and other media immediately after the attack with a malafide intention"

The YouTuber, Vijay Nair, was also arrested in another FIR for offences under the IT Act, 2000.