The Supreme Court grants Siddique interim bail in a rape case

Actor Siddique has been granted interim bail by the Supreme Court. (Instagram)

The hearing comes in the wake of a petition by Siddique challenging the Kerala High Court’s September 24 decision to deny him bail. The case stems from a complaint by an actress who accused Siddique of raping her at the Mascot Hotel in Thiruvananthapuram in 2016.

After filing the complaint, Siddique resigned as general secretary of AMMA, the actors’ association.

Earlier, during the hearing, senior advocate Mukul Rohatgi, representing Siddique, highlighted the delay in filing the complaint, pointing out that the incident is said to have taken place in 2016, while the complaint was filed only in 2024.

Rohatgi also pointed out that while others have been granted bail, his client has been denied it. He further highlighted that the complaint was filed after a delay of eight years, mainly based on some Facebook posts.

Also read: Kerala High Court rejects Siddique’s bail plea

Order of the High Court of Kerala

The Kerala High Court on Tuesday, September 24, rejected Siddique’s interim bail plea after considering key evidence submitted by the investigation team.

Judge CS Dias of the Kerala High Court, during the hearing, strongly objected to Siddique’s arguments against the victim for remaining silent all these years and leveling complaints of sexual assault against “fourteen men”.

Rejecting the bail plea, the high court noted: “The survivor has explicitly described the trauma she endured due to the incident, which was painful as it prevented her from disclosing the details to anyone, including her parents . In 2019, she mustered the courage to address the harassment in a Facebook post. After this revelation, the survivor received threatening messages, which made her lose the courage to complain. The survivor lives in a state of constant trauma, fear and anxiety and continues to harbor fears for her life.”

‘Must be understood in the context of trauma’

The order further read: “Whether the above statement of the survivor is plausible will have to be ultimately evaluated and decided after a full-fledged trial. Nevertheless, the contention that the aforesaid delay taints the entire prosecution case is not a ground for withdrawing the complaint, especially if a bail application is contemplated. Victims of sexual abuse and assault may experience psychological, emotional and social barriers that fuel the delay in reporting, which must necessarily be understood in the context of the trauma.”

In the case of filing complaints against other men, the court noted: “The survivor is characterized as an outspoken and vocal lady who has made baseless allegations against fourteen men; therefore, her complaint is not credible. The subjugation is unwarranted and reflects an uncharitable view of the survivor’s circumstances. A woman’s experiences with sexual violence are not a reflection of her character, but rather an indication of her suffering. The attempt to blame a woman for speaking out may be a strategy to silence her, which is hostile to the supremacy of the law.”

The Supreme Court also ruled that the acts accused against Siddique would fall within the ambit of the expanded definition of “rape.”

Also read: Take note of warning against Siddique as he files anticipatory bail application in SC

Lookout notices against Siddique

After the Kerala High Court rejected the interim bail plea, Siddique went absconding.

Police investigation has revealed that persons associated with a well-known lawyer in Kochi helped Siddique with hideouts. Sources said authorities have been monitoring his movements in at least six locations around Kochi for the past two days.

On Wednesday, September 25, notices containing Siddique’s photo and contact details of the investigation team were circulated for publication in the Tamil Nadu and Karnataka newspapers.

On orders, the lookout notices were published in the daily newspapers, especially in Kerala. The notice, published in both Malayalam and English newspapers, stated that Siddique is currently absconding and urged the public to immediately inform the police if they have any information about his whereabouts.

Meanwhile, the family members of actor Siddique’s son have leveled allegations that two of his friends, Naahi and Paul, residents of Kochi, have been taken into police custody. According to the families, police officers arrived at their homes early in the morning, between 4:15 and 5:15 a.m., and detained the two men.

The families claim that Naahi and Paul were questioned by police about Siddique’s whereabouts, but no formal reason was given for their detention.

Despite the allegations, Kochi police deny that anyone has been arrested in connection with the case. The family members have filed a formal complaint with Kochi Police Commissioner Shyam Sunder IPS, accusing the authorities of not following proper legal procedures. The families also expressed concern about the current location and safety of the detained men, stating that they have no information about their whereabouts.

Also read: Rape case registered against Malayalam actor Siddique

Hema committee report

The Kerala government formed the Justice Hema Committee following the sexual assault of actresses in 2017. Its report highlighted cases of harassment and exploitation of women in the Malayalam film industry.

The release of the Justice K Hema Committee report opened a can of worms, with several female actors coming forward with disturbing stories of the abuse they faced at the hands of their various male counterparts.

The Hema Committee report was made public on August 19, five years after it was submitted to the Kerala government.

(Edited by Sumavarsha Kandula, with inputs from Dileep V Kumar)