Actor Siddique, on interim bail in rape case, influential, will scuttle probe: Kerala Police to SC

New Delhi | The Supreme Court was informed by the Kerala Police the interim protection from arrest granted to Malayalam film actor Siddique in a rape case had emboldened him, demoralised and intimidated not only the survivor but also others in the film industry.

"The Supreme Court order granting interim relief to the petitioner has emboldened the accused leading his fans to celebrate by distributing sweets on the day the bail matter was first heard in the Supreme Court. This celebration, apart from being in poor taste, is a crass and a light-hearted mockery of the seriousness of the legal proceedings that are underway against the petitioner who has been accused of a very grave offence," it said.

The police, which filed a status report on October 19, said though the investigation was at an initial stage, there was a "stockpile of evidence" against him.

Emphasising the need for Siddique's custodial interrogation, Kerala police said it was essential to expose his "lie of righteousness before he goes down in history as a hero and gets venerated by subsequent generations as worthy of emulation".

On September 30, the top court granted him interim protection from arrest in the case and directed him to cooperate in the investigation.

The police said the actor, who has worked in over 350 Malayalam films, was trying to disrupt the smooth flow of the investigation by "working overtime to weaken the case".

The affidavit filed by Ajichandran Nair, Assistant Commissioner of Police at Thiruvananthapuram city, said, "This has severely demoralised and intimidated not only the victim but also other powerless victims in the film industry who were warily waiting to see the outcome of the proceedings of the anticipatory bail hearing as the case is being widely reported upon by the media and attracting much public attention."

The police further said the witnesses who have boldly come forward after the Justice Hema Commission report, would step back if the interim protection to the accused was indefinitely prolonged.

"The process (of investigation) is a lengthy one and will provide ample opportunities and time for the accused to meddle with the investigation if his pre-arrest bail is extended indefinitely. It will create a barrier to effective investigation. In light of the complicated investigation involved in the crime that happened eight years ago, and the various layers of the sequence of events that needs to be unearthed as part of investigation, it is essential that the accused is in custody while the crucial investigation and evidence gathering is underway," the police said.

Considering the influence and clout of the accused some of the evidence will be tampered and witnesses will be threatened, said the police, underlining the actor's custodial interrogation was "absolutely necessary".

"It is my humble prayer before the court to dismiss his SLP as the brutality of the accused crossed all limits. It is hence imperative that he should be unmasked," stated the report.

The police said that the willingness of Siddique to cooperate has been limited to merely appearing before the special investigation team, after the interim protection was granted by the apex court.

The actor was accused of not cooperating with the police, which stressed his custody was essential to unearth the sequence of events and recovery of the digital devices used to contact the survivor.

Pointing out that Siddique was an extremely influential person in society, the police said he had ability to obstruct the course of justice and scuttle the investigative machinery.

It added that following the dismissal of the bail application by the Kerala High Court on September 23, Siddique immediately went absconding like a common criminal, evading arrest and escaping the clutches of law.

"He re-surfaced only after a week once the Supreme Court granted the interim protection. All this highlights the unwillingness of the accused to cooperate with the investigating agency, and also bide time to destroy evidence and turn circumstances in his favour," the police said.

Siddique, who was booked for offences under sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC), has claimed in his plea that complainant woman had subjected him to a "prolonged campaign of harassment and false accusations since 2019".

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

The committee was formed by the Kerala government after the 2017 actress assault case and its report revealed instances of harassment and exploitation of women in the Malayalam film industry.

Following the allegations of sexual harassment and exploitation against several actors and directors, the state government on August 25 announced the establishment of a seven-member special investigation team to probe the charges.