Stockpile Of Evidence Against Malayalam Actor Siddique In Rape Case, Granting Bail Sends Wrong Signal : Kerala Police To Supreme Court

Today, a status report has been filed by the Kerala Police opposing the grant of anticipatory bail to Malayalam actor Siddique in a rape case registered against him based on allegations levelled by a young actress.It is claimed in the report that the petitioner is an extremely influential person in the Malayalam film industry, and the ongoing investigation reveals the "ill-intent" of the petitioner's attempt to destroy evidence and threaten witnesses. It is also stated in the report that the petitioner has not cooperated with the investigating agencies in the ongoing investigation. Further, the Kerala police have sought further custody of the accused petitioner and has claimed that the accused's clout and potential to intimate witnesses are risks that must be factored in denying bail.To summarise, the report notes: "Even though the investigation at the initial stage, there is a stockpile of evidence against him. Considering the influence and clout of the accused some of the evidence will be tampered and witnesses will be threatened. The witnesses who have boldly come forward after the Justice Hema Commission report,will step back if the interim protection to the accused is indefinitely prolonged. The custodial interrogation of the petitioner is absolutely necessary in this case for the reasons reported. Moreover, if bail is granted a message will be sent that the policy of zero tolerance towards crime against women and children is a mere illusion. Considering these factors, the petitioner's influence, the risk to the integrity of the investigation, and the broader public interest in cases involving crimes against women are strong grounds for opposing bail."It may be noted that the Supreme Court on September 30 granted anticipatory bail to Siddique after the Kerala High Court dismissed his petition seeking anticipatory bail, observing that the materials on record indicated the prima facie involvement of Siddique in the crime. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma stated that the petitioner must cooperate with the ongoing investigation.Following the publication of the Justice Hema Committee report regarding the exploitations faced by women in Malayalam cinema, the woman made public allegations that Siddique sexually exploited her in 2016 when she met him in a hotel room after he offered her opportunities in the film industry. Following her public allegations, she lodged an FIR under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code.Delay in lodging FIRAs per the status report, a prima facie case is being made out against the actor based on the evidence seized, medical examination of the victim and statements of the witnesses. The status report refers to the Hema Committee report and states that the delay in filing the FIR have to be understood in the context of revelations made in the report. The Hema Committee report clearly articulates that perpetrators are powerful and very influential, the police status report notes. It is said: "In the aftermath of the publication of the Justice Hema Committee Report in August 2024, many complaints were raised in the media/social media by various victims of crimes in the Malayalam movie industry, and the police department also received certain complaints/petitions on related issues."Considering the seriousness of the complaints, the status report notes, a Special Investigation Team was constituted and therefore the investigation began. It is stated the delay in filing the FIR may be considered "sympathetically".The status report also refutes the claim made by the petitioner that the victim changed her version of the incident time and again in the state of 5 years, first describing the incident as "sexual behaviour" and later explicitly terming it as "rape". It is stated that the Court must acknowledge the fact that it was because of the Justice Hema Committee report that "emboldened" the victim to proceed with legal action against the petitioner.On this, the status report notes: "One cannot reasonably expect a woman to come out in public on social media and explicitly say that she was raped."Unwillingness to cooperate with investigation Following the dismissal of the bail application by the High Court of Kerala, the petitioner in the SLP, a prominent actor as claimed by the petitioner himself and former General Secretary of the Association of Malayalam Movie Artists immediately went absconding like a common criminal, evading arrest and escaping the clutches of law, the report notes. The report notes: "In fact, it is learnt that the accused went underground a day before his bail plea was dismissed, in anticipation of the court order. A Lookout Notice was issued on 25. 09.2024 after the petitioner absconded. He re-surfaced only after a week once the Supreme Court granted the interim protection. All this highlights the unwillingness of the accused to cooperate with the investigating agency, and also bide time to destroy...

Stockpile Of Evidence Against Malayalam Actor Siddique In Rape Case, Granting Bail Sends Wrong Signal : Kerala Police To Supreme Court

Gursimran Kaur Bakshi

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