Legal action intensified on Tuesday against two prominent Malayalam actors, Siddique and Mukesh, as the Kerala High Court rejected Siddique’s bail plea in the 2016 rape case involving a young actress, when Mukesh was arrested by the Special Investigation Team (SIT) for alleged sexual assault. another female actor a decade ago in Kochi. When Mukesh, the ruling CPI(M) MLA, was released on bail after being formally arrested, having obtained bail from a court in Kochi, Siddique reportedly fled, prompting the police to launch a manhunt.
Before the arrest was officially registered, Mukesh was interrogated by the SIT for more than three hours at the Coastal Police Headquarters here.
The rape complaint against the two actors, along with several other artists, was filed after the country’s Ministry of Culture published selected portions of Justice Committee K Hema reports after the legal battle.
The committee was set up by the Kerala government after the actress assault case in 2017. The report highlighted incidents of harassment and exploitation of women in the Malayalam cinema industry.
Deny it anticipatory guarantee the request of Siddique, the high court said that in view of the seriousness of the accusations he faced, a custodial investigation is necessary to properly investigate the crime.
Judge CS Dias said that since Siddique’s defense was a “total denial of the incident”, his potency test had not been conducted and there was “reasonable apprehension” that he might intimidate witnesses and destroy evidence, “it is not appropriate. a case to exercise the discretionary powers of the court” to give relief.
“… in the overall examination of the facts, the law in point, and my reasoning given above, and to understand the nature, gravity and seriousness of the charges against the petitioner (Siddique), coupled with the materials recorded in the record. if prima facie shows the involvement of the petitioner in the crime, that the custodial interrogation of the petitioner is unavoidable for the proper investigation of the crime, ….
“… I came to the irresistible conclusion that this is not the right case to use the discretionary powers of this court in favor of the petitioner. In the light of the discussion above, I continue the application to dismiss. Consequently, the application is rejected,” said Judge Dias in he ordered.
The Supreme Court, however, made it clear that the observations made in the order shall not be considered as an expression of the merits of the case.
Siddique, who was booked for violating sections 376 (rape) and 506 (criminal intimidation), has claimed in his plea that the female actor who complained, has been subjected to a “campaign of harassment and false allegations since 2019”.
In his anticipatory bail plea, he further said that he had repeatedly, over the past five years, made untrue and false claims about sexual behavior and ‘verbal sexual offers’ by him in the theater in 2016.
“But now he has made contradictory allegations of a more serious crime of rape in a different place in the same year,” he said in his plea.
He also felt that there was an inordinate delay in filing a complaint against him.
Mukesh’s lawyer told PTI that the MLA was arrested, medical examination and potency tests were conducted and then he was released as he had been released on anticipatory bail by the sessions court earlier this month.
Mukesh appeared before the SIT at the Coastal Police Headquarters here at 9.45 am and was questioned for three and a half hours.
Two cases have been registered against Mukesh, one by the Wadakkanchery police and the other by the Maradu police.
Ernakulam District and Sessions Court granted bail to Mukesh on September 5 in connection with the rape case filed by the female actor, who also made additional allegations of sexual assault.
Following the woman’s allegations, an FIR under section 376 (rape) IPC was registered against Mukesh.
FIR Against Malayalam Actor Siddique; Actors Cry Conspiracy Amid New Complaints
He claimed that the charges were a result of his refusal to comply with extortion attempts by the complainant.
Multiple FIRs have been registered against several high-profile Malayalam film personalities following allegations of sexual harassment against various directors and actors, triggered by revelations in the Justice Committee K Hema report.
In response to allegations of sexual harassment and exploitation involving several actors and directors, the state government announced the formation of a seven-member Special Investigation Team on August 25 to investigate the claims.
