Courage To Post Online But Not Report To Police? SC Asks Complainant, Grants Bail To Siddique

The Supreme Court on Tuesday granted anticipatory bail to Malayalam actor Siddique in connection with a rape case.

A bench comprising Justice Bela Trivedi and Satish Chandra Sharma noted the sensitivity of the case but highlighted key factors influencing its decision.

"We deem it appropriate not to assign elaborate reasons, particularly considering the sensitivity of the case. However, considering the fact that the complainant had filed the complaint almost eight years after the alleged incident which had taken place in 2016 and the complainant had also posted the posts on Facebook somewhere in 2018 making allegations about 14 people including the appellant with regard to the alleged sexual abuse and also the fact that she had not gone to the Hema Committee, which was set up by the Government of Kerala, we are inclined to accept the present appeal," Live Law quoted the bench as saying.

The court granted Siddique bail on the condition that he surrender his passport to the trial court and cooperate fully with the investigation. The trial court may impose additional conditions as deemed necessary.

The filmmaker had approached the Supreme Court after the Kerala High Court denied him anticipatory bail on September 24. The complaint against him was filed in August 2024, alleging an incident that occurred in 2016.

Representing Siddique, senior Advocate Mukul Rohatgi argued that the delay in filing the complaint raised questions about its credibility. "I am a senior citizen and actor from Kerala. The complaint refers to an incident eight years ago, and the complainant only filed it in 2024," Rohatgi said.

Rohatgi further pointed out that the complainant had previously posted allegations on Facebook against 14 individuals, including filmmakers, photographers, and doctors, but did not initially approach the authorities.

He also highlighted tensions between the Association of Malayalam Movie Actors (AMMA), where Siddique is an office bearer, and the Women in Cinema Collective (WCC), of which the complainant is a member. "This friction appears to have motivated the sudden filing of the complaint," Rohatgi added.

Justice Bela Trivedi questioned the complainant's delay in approaching the police. The judge asked: "You had the courage to post the complaint on Facebook but not to go to the police."

Rohatgi also argued that Siddique had limited interactions with the complainant, claiming the only instance they met was in 2016 at the Nila theatre during a film preview. He further stated that it was unreasonable to demand gadgets from 2016 as they were no longer in his client's possession.

Rohatgi emphasized that Siddique had fully cooperated with the Kerala police, appearing whenever summoned, and had not been called for questioning since October 12, 2024.