SC grants interim protection from arrest to Malayalam actor Siddique in rape case

NEW DELHI: In a major relief for Malayalam actor Siddique, the Supreme Court on Monday granted him interim protection from arrest in a rape case.

A bench of Justices Bela M Trivedi and Satish Chandra Sharma issued notice to the Kerala government and the victim in the case during the hearing of a plea by Siddique against a Kerala High Court order denying him interim bail .

The High Court initially asked senior advocate Vrinda Grover, appearing on behalf of the victim, about the reason for the delay in registering the complaint against the actor.

The lawyer told the court that the Justice Hema Committee report, which exposed the shocking harassment and sexual exploitation faced by women in the Malayalam film industry, must be understood in the broader context.

Senior advocate Mukul Rohatgi, appearing for Siddique, submitted that a complaint was filed in 2024 after a lapse of eight years.

Malayalam actor Siddique had moved the Supreme Court after the Supreme Court on September 24 rejected his anticipatory bail plea in the sexual assault case registered against him.

The HC had denied him interim bail after observing that due to the seriousness of the charges he was facing, his custodial interrogation was inevitable for proper investigation into the crime.

The HC also noted that since Siddique’s defense was “a total denial of the incident”, his potency test was yet to be conducted and there was a “reasonable apprehension” that he might intimidate witnesses and tamper with evidence.

“It was not a proper case to exercise the discretionary powers of the court to grant him the compensation,” the HC said in its order and rejected his expected bail, forcing him to approach the top court for compensation.

On the other hand, the accused in his anticipatory bail plea before the High Court had alleged that the victim had repeatedly made unsubstantiated and false claims of sexual misconduct and ‘verbal sexual offers’ of himself in a theater over the last five years. in 2016.

“There is even inordinate delay in registering the complaint in the case,” Siddique alleged.

A case was registered against Siddique for offenses under Sections 376 (Rape) and 506 (Criminal Intimidation) of the Indian Penal Code (IPC).

Siddique, in his plea, has alleged that the complaining female actor had subjected him to a “prolonged campaign of harassment and false accusations” since 2019.

Before the HC, the victim’s lawyer opposed his anticipatory bail plea and had said that the state police were allegedly not conducting proper investigation. The police could not arrest the actor due to his alleged influence in the case. The police have also not recovered the electronic evidence so far.

“Siddique’s interrogation was necessary as he had committed a heinous crime,” the victim submitted to the HC while opposing his anticipatory bail plea.

Siddique, who was charged with offenses under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC), has alleged in his plea that the complaining female actor had subjected him to a ‘prolonged campaign of intimidation and false accusations’. allegations since 2019″.

Multiple FIRs have been registered against many high-profile Malayalam film personalities following allegations of sexual harassment against them in the wake of revelations in the Justice K Hema Committee report.