Actor Siddique moves Kerala High Court for anticipatory bail

Malayalam actor Siddique on Monday approached the Kerala High Court seeking anticipatory bail in a rape case filed against him.

The Museum police in Thiruvananthapuram charged Siddique with non-bailable offenses under IPC sections 376 (rape) and 506 (criminal intimidation) following a complaint from a female actor.

The complainant, who began her career as a junior artiste and has appeared in Telugu and Malayalam films, submitted her complaint to the state police chief via email last week. A team led by a sub-inspector from the Museum police station recorded her statement.

Police reached Mascot Hotel in Thiruvananthapuram to collect evidence, confirming that Siddique and the complainant stayed there on the same day. On Sunday, investigators took the complainant to the hotel to identify the room where the alleged assault occurred. She stated that Siddique raped her in room 101D of the hotel on 28 January 2016. The police also recorded the statement of the complainant's friend, who was with her at the hotel.

The case was registered under the IPC as the alleged offence took place in 2016. Siddique has denied the allegations and resigned from his position as general secretary of the Association of Malayalam Movie Artists (AMMA). He has also filed a complaint with the DGP, alleging a conspiracy against him.

In addition to Siddique, several other figures in the Malayalam film industry, including actors Mukesh, Jayasurya, Edavela Babu, Maniyanpilla Raju, and director Ranjith, have been implicated in sexual assault cases. These allegations emerged following the Hema Committee report, which revealed disturbing details about crimes against women in the industry.

The court is scheduled to review anticipatory bail pleas related to sexual harassment cases in the film industry on Monday. This hearing follows actor Mukesh's five-day protection from arrest. The investigation team is closely monitoring whether Mukesh will receive anticipatory bail before this period ends. Additionally, the anticipatory bail plea of V.S. Chandrasekharan, chairman of the KPCC legal aid cell and Lawyers Congress leader, will also be considered.

If the court decides to extend the stay on arrests, the investigation team will convene to determine their next steps. Given that many of these incidents occurred years ago, the team is assessing how to proceed if evidence is insufficient. The investigations are guided by the Supreme Court's ruling that cases can be pursued based on the survivor's testimony alone.

Collection of evidence

The investigation team has been actively gathering evidence, inspecting various locations in Kochi, including the AMMA office, a hotel in Kathrikadavu, and another in Fort Kochi. The AMMA office inspection followed a complaint from an actress who alleged harassment when she sought membership. This inspection is part of a broader investigation involving Edavela Babu and Mukesh.

At the Kathrikadavu hotel, evidence was collected related to a sexual harassment case filed against director Ranjith by a Bengali actress. The team focused on verifying the actress's stay through old registers and other documents. Documentary filmmaker Joshi Joseph, who provided a statement, was also brought to the hotel to assist in this process.

In Fort Kochi, the team inspected a hotel on Dispensary Road as part of the investigation into actor Maniyanpilla Raju. The actor had stayed at this hotel during the filming of "Da Thadiya," but the 2012 register requested was unavailable. The survivor identified her room to the police.

Cases filed

Following the Hema Committee report, 17 cases related to sexual harassment and abuse in the film industry have been registered. Initial complaints were received, and subsequent filings have been made. Actors Siddique, Mukesh, and Edavela Babu face charges of rape, while others are charged under Section 354 of the IPC for outraging a woman's modesty. The complainant against actor Baburaj is currently traveling but intends to provide her statement online, which may lead to a case registration.

The case against director Ranjith will be transferred to Bengaluru Police, as the alleged offense occurred there. No further action will be taken in Kerala regarding a separate complaint by a junior artist about harassment on the set of "Bro Daddy," as Hyderabad Police have already registered a case.

Complaints are recorded by a female officer, who forwards them to the police station where the crime occurred. Superintendents of Police (SPs) in the Special Investigation Team assess the legal aspects, determine applicable sections, and instruct stations to register FIRs. These FIRs are submitted to IG G. Sparjan Kumar, who heads the investigation team. This investigation follows a special order from the DGP and is receiving complaints via email and in person, including some from men claiming financial grievances.

The Hema commission report was released by the Kerala government on 19 August 2024 after a five-year wait. It stated that sexual exploitation is rampant in the Malayalam film industry and that women are asked to 'compromise' in exchange for work.

The Hema commission, instituted under Justice K. Hema, was tasked to look into problems faced by women in the Malayalam film industry following a 2017 sexual assault case involving the actor Dileep. The case, which saw an actress abducted and molested by several persons, including Dileep as one of the accused, is still ongoing.

The report, filed in 2019, was not released earlier owing to its sensitive content.

According to the report, the Malayalam film industry denies opportunities to those who are not ready to 'cooperate' and grant sexual favours. There is a general perception that actresses are here to make money and will therefore share a bed with anyone.