'She Had Courage For FB Post But Can't Approach Police For 8 Yrs?': Supreme Court Grants Anticipatory Bail To Malayalam Actor Siddique In Rape Case

The Supreme Court today (November 19) granted anticipatory bail to prominent Malayalam actor Siddique in a rape case registered against him based on allegations levelled by a young actress.A bench comprising Justice Bela Trivedi and Satish Chandra Sharma made the interim anticipatory bail, granted on September 30, absolute."We deem it appropriate not to assign elaborate reasons, particularly considering the sensitivity of the case. However, considering the fact that the complainant had filed the complaint almost eight years after the alleged incident which had taken place in 2016 and the complainant had also posted the posts on Facebook somewhere in 2018 making allegations about 14 people including the appellant with regard to the alleged sexual abuse and also the fact that she had not gone to the Hema Committee, which was set up by the Government of Kerala, we are inclined to accept the present appeal," the bench observed in the order.The relief is granted subject to the condition that Siddique should deposit the passport before the trial court and shall cooperate with the investigation. The trial court is at liberty to set other conditions for the anticipatory bail.Siddique filed the Special Leave Petition against the Kerala High Court's order dated September 24 denying him anticipatory bail.Arguments of Siddique"I am a senior citizen, an actor based in Kerala. The complaint is made in August 2024 about an incident which happened eight years ago in 2016," Senior Advocate Mukul Rohatgi, for the accused, stated."What was her age then?" Justice Bela Trivedi asked. "21 years," Rohatgi replied. However, Advocate Vrinda Grover, for the complainant, said that she was 19 years old then. Rohatgi said that the victim had made complaints against "all and sundry" and referred to certain Facebook posts which raised allegations against 14 persons, including directors, photographers, doctors etc.Rohatgi said that Siddique had filed a complaint against her on 26.08.2024 even before she filed the complaint on 27.08.2024. Sidduque was an office bearer of the Association of Malayalam Movie Actors (AMMA) and the complainant was a member of the Women in Cinema Collective (WCC) and there is some "friction" between these organisations, Rohatgi added."You had the courage to post the complaint on Facebook but not to go to the police?" Justice Trivedi asked. Because of the friction between AMMA and WCC, the complaint was suddenly filed, replied Rohatgi. He argued that the complainant was consistently improving her versions, raising questions about her credibility. The only instance where Siddique met the woman was in 2016 at the Nila theatre for the preview of a film. Rohatgi further said that it was impossible for his client to hand over the gadgets which he used in 2016, as he was no longer in their possession. Rohatgi added that his client has cooperated with the Kerala police by appearing on all occasions he was summoned. He was not summoned after 12.10.2024, Rohatgi added.State's argumentsSenior Advocate Ranjit Kumar, for the State of Kerala, said that it is an admitted case that Siddique invited the victim for the preview of a film. Why was the victim, who was a less-known actress then, invited for the preview, he asked.Justice Trivedi then pointed out that the woman went for the preview with her parents and this suggested that there was some prior acquaintance with the accused.Regarding the delay in the FIR, Kumar said that it has to be seen in the context of the publication of the Justice Hema Committee report in August 2024, which revealed the trend of sexual exploitation and harassment of women in Malayalam cinema."But you had the courage to post on Facebook," Justice Trivedi commented.When Justice Trivedi asked if the complainant was still working in cinema, Advocate Vrinda Grover replied that she was getting very little work as a "fallout" of raising her voice."Did she go to the Hema Committee? Your lordships should ask her," Rohatgi submitted."I cannot answer that," Kumar said. Grover replied that she did not go to the Hema Committee.Advocate Vrinda Grover submitted that it was Siddique who approached the complaint way back in 2014 by liking her photos and messaging her. "This is how grooming takes place," Grover said adding that in 2016, the accused invited her for the preview and took her to the Mascot hotel. "It was rape which happened there," she said.Regarding the delay, Grover said that it was after the publication of the Justice Hema Committee report and after the Kerala High Court took cognizance of the issue that she mustered the courage."You were bold enough to post on Facebook" Justice Trivedi commented. Grover said that for a woman to come forward with a complaint of rape, it takes immense courage.Kumar said that the custodial interrogation of the accused is necessary to get details about his social media accounts.Previous hearingOn October 22, a bench of Justices Bela M. Trivedi and Satish Chandra Sharma...

'She Had Courage For FB Post But Can't Approach Police For 8 Yrs?': Supreme Court Grants Anticipatory Bail To Malayalam Actor Siddique In Rape Case

Gursimran Kaur Bakshi

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