Actor Siddique on interim bail in rape case is too influential, will scuttle probe: Kerala Police to Supreme Court

New Delhi: The Kerala police has opposed before the Supreme Court interim protection from arrest granted to Malayalam film actor Siddique, contending that there is a stockpile of evidence against him and “the brutality of the accused crossed all limits”.

It asked the court to dismiss his petition, as in view of considerable influence and clout, some of the evidence will be tampered and witnesses will be threatened.

In a status report, Assistant Commissioner of Police, Narcotic Cell, Thiruvananthapuram City said it is imperative Siddique is unmasked.

"It is 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," the written response said.

On September 30, the Supreme Court had granted interim protection from arrest to Siddique against the Kerala High Court order, which rejected his plea for anticipatory bail in a rape case.

The police said Siddique, who has acted in over 350 Malayalam movies, was a member and former general secretary of the Association of Malayalam Movie Artists, an organisation that centralised all power in the movie industry.

Citing the "unfairness of the special leave petition violating the nobility of womanhood," the police officer said, his intention apart from getting bail was "to revile and malign a poor rape victim treating her with utmost rancor and disrespect.”

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

“The custodial interrogation of the petitioner is absolutely necessary in this case for the reasons reported. Moreover, if bail is granted a message will be sent that the policy of zero tolerance towards crime against women and children is a mere illusion,” the report said.

The police cited the petitioner’s influence, the risk to the integrity of the investigation, and the broader public interest in cases involving crimes against women as strong grounds for opposing bail.

The police stressed that Siddique is an extremely influential person in society, with wealth, power and clout and he commands a leading position in the Malayalam film industry and has the entire industry under his control.

He has the ability to obstruct the course of justice and scuttle the investigative machinery and the apex court should not give precedence to his personal liberty over the threat of disrupted investigation, it said.

“If bail is granted to the petitioner, the victim will be deprived of the right to a free and fair investigation owing to the immense might wielded by the petitioner,” the report said.

The police said courts must ensure that the investigative process is not undermined by the accused’s influence or capacity to thwart justice.

The police said the investigation process is highly complex and has to obtain evidence from third party social media intermediaries, which includes Facebook, Skype etc.

It further said the process 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.

“In light of the complicated investigation involved in the crime that happened 8 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. It is very necessary to take note of the fact that the accused is trying to disrupt the smooth flow of the investigation by working overtime to weaken the case,” the police claimed.

The police asserted the investigation team zeroed in on the fact that Siddique had deactivated his Facebook account through which he lured the victim, shortly after the registration of the case.

The police said the victim has also stated that other women who were similarly approached by the petitioner had shared their experience of the same with her.

The police said at this juncture custodial interrogation is inevitable for effecting recovery of these gadgets, as the petitioner has himself stated that he has discarded these gadgets.

Though Siddique has stated that he is willing to cooperate with the investigation, “The ‘willingness’ of the petitioner to cooperate has been limited to merely appearing before the SIT," the police said.

It claimed he has not cooperated in the interrogation and given evasive, contradictory and tutored answers to the police, citing forgetfulness, knowing fully well that he is under the interim protection of the Supreme Court.

The police emphasised that the custodial interrogation of the petitioner is vital to the case for unearthing the exact sequence of events that have unfolded in the last 8 years, and also for recovery of the digital devices which the petitioner has used to contact the victim.

The case against Siddique was registered based on a complaint by an actress who accused him of raping her at the Mascot Hotel in Thiruvananthapuram in 2016.

The Malayalam film industry, Mollywood, has been rocked with 17 cases of sexual harassment having been registered following complaints lodged by victims in the wake of the release of the Justice Hema Committee report.

The Justice Hema Committee, established after the 2017 actress assault case, highlighted the exploitation of women in Malayalam cinema, leading to multiple FIRs being registered against high-profile actors and directors. Other actors implicated in sexual assault cases include Jayasurya, Edavela Babu, and Maniyanpilla Raju have also been granted anticipatory bail.