New Delhi, Sep 30 (UNI) The Supreme Court on Monday granted anticipatory bail to Malayalam actor Siddique in a rape case registered against him based on allegations levelled by a young actress.
A bench of Justices Bela M. Trivedi and Satish Chandra Sharma granted interim protection from arrest to Siddique on the condition that he will join the investigation as and when required. The Bench also issued notice to the respondents.
The Kerala High Court had dismissed his anticipatory bail petition on September 24, holding that the acts alleged against Siddique would come within the ambit of the expanded definition of “rape”.
Justice C.S. Dias of the High Court while denying anticipatory bail to Siddique said that there is enough material on record to show the prima facie involvement of Siddique in the crime.
Challenging the High Court’s order, Siddique filed a Special Leave Petition in the Supreme Court. The State and the victim have filed caveats.
Earlier, the Supreme Court had set up a committee to look into the allegations of exploitation of women in Malayalam cinema.
After the Justice Hema Committee report filed its findings regarding the exploitations faced by women in Malayalam cinema, the woman (alleged rape victim) made public allegations against Siddique that he sexually exploited her in 2016 when she met him in a hotel room and also offered her opportunities in the film industry.
She lodged an FIR under Sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code.
The Kerala High Court rejected the contention of Siddique that the delay in the registration of FIR was fatal.
The High Court held that the contention that the delay vitiates the entire prosecution case is not a ground for scraping the complaint, particularly at the stage of bail application.
“Victims of sexual abuse and assault may experience psychological, emotional and social barriers that feed the delay in reporting the matter, which necessarily has to be understood in the context of the trauma,” the High Court observed.
