SC grants anticipatory bail to Malayalam film actor Siddique in rape case

The Supreme Court on Tuesday granted anticipatory bail to veteran Malayalam actor Siddique in a rape case filed against him on allegations levelled by a young actor following the release of Justice Hema Committee report.

A Bench of Justice Bela M Trivedi and Justice Satish Chandra Sharma took note of the fact that the complaint in the case was filed in August -- eight years after the alleged incident took place in 2016.

The top court, however, directed the veteran actor to deposit his passport and cooperate with the probe.

“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 allow the present appeal subject to some conditions,” it said.

“She (complainant) had the courage to make a post on Facebook in 2021 but could not go to police and lodge an FIR,” the Bench noted.

The top court had granted interim protection from arrest to Siddique on September 30 and since then the interim relief has been extended from time to time. Earlier, the Kerala High Court had on September 24 rejected Siddique's anticipatory bail plea, saying his custodial interrogation was needed in view of the seriousness of the accusations.

On behalf of Siddique, senior advocate Mukul Rohatgi on Tuesday submitted that Siddique (66) has been an actor since 1986 and his reputation was being tarnished despite the fact that he had not met the complainant since 2016.

“She has made allegations on social media against all and alleged sexual abuse. She named 14 people in 2018 on her social media post and tarnished my image and indulged in my character assassination,” Rohatgi submitted.

Senior advocate Ranjit Kumar, representing the Kerala government, opposed the actor’s plea, saying since the grant of interim protection from arrest, Siddique has not been cooperating with the investigation. “We need his custodial interrogation. We have examined 22 witnesses and many more remain to be examined. There is a prima facie case against him,” Kumar submitted.

On behalf of the complainant, advocate Vrinda Grover submitted that she was first contacted by Siddique in 2014 after he liked her picture on Facebook.

She was invited for the preview of a movie at a theatre in 2016 from where she was taken to a hospital, Grover said. “I have worked in some movies but after the complaint was made against him, I have not got much work in the industry,” Grover said.