Rape cases: Actor Mukesh arrested, Sidhique on the run

Legal actions intensified on Tuesday against two prominent Malayalam actors, Sidhique and Mukesh, as the Kerala high court denied Sidhique's bail plea in a 2016 rape case involving a young actress, while Mukesh was arrested by the Special Investigation Team (SIT) for allegedly sexually assaulting another female actor a decade ago in Kochi.

IMAGE: CPI-M MLA and actor Mukesh. Photograph: Mukesh on Facebook

While Mukesh, a ruling Communist Party of India-Marxist MLA, was released on bail after his formal arrest, having already secured bail from a court in Kochi, Sidhique is reportedly on the run, prompting the police to launch a manhunt.

Before his arrest was formally recorded, Mukesh was interrogated by the SIT for more than three hours at the Coastal Police Headquarters here.

The rape complaints against both actors, along with those against a few other artists, were filed after the state Culture Ministry released selected portions of the Justice K Hema Committee report following a legal battle.

The committee was established by the Kerala government after the 2017 actress assault case. Its report highlighted instances of harassment and exploitation of women in the Malayalam cinema industry.

Rejecting the anticipatory bail plea of Sidhique, the high court said that in view of the seriousness of the accusations he was facing, his custodial interrogation was inevitable for proper investigation of the crime.

Justice C S Dias said that since Sidhique's defence was "a total denial of the incident", his potency test was yet to be conducted and there being a "reasonable apprehension" that he may intimidate witnesses and tamper with evidence, "it was not a fit case to exercise the discretionary powers of the court" to grant him the relief.

"... on overall scrutiny of the facts, the law on the point, and my reasoning given above, and on comprehending the nature, gravity and seriousness of the accusations alleged against the petitioner (Sidhique), coupled with the materials placed on record that prima facie shows the petitioner's involvement in the crime, that the petitioner's custodial interrogation is inevitable for the proper investigation of the crime, ....

"... I arrive at the irresistible conclusion that this is not a fit case to exercise the discretionary powers of this court in favour of the petitioner. In light of the above discussions, I hold that the application is to be dismissed. Consequentially, the application is dismissed," Justice Dias said in his order.

The high court, however, made it clear that observations made by it in the order shall not be construed as an expression of the merits of the case.

Sidhique, who was booked for offences under sections 376 (rape) and 506 (criminal intimidation), had claimed in his plea that the complainant female actor, had subjected him to a "prolonged campaign of harassment and false accusations since 2019".

In his anticipatory bail plea, he further claimed that she had repeatedly, for the past five years, made unsubstantiated and false claims of sexual misbehaviour and 'verbal sexual offers' by him in a theatre in 2016.

"But now she has raised totally contradictory allegation of a more serious crime of rape at a different place in the same year," he had said in his plea.

He had also felt that there was inordinate delay in lodging a complaint against him.

Mukesh's lawyer told PTI that the MLA was arrested, his medical examination and potency test were carried out and then he was released as he had been granted anticipatory bail by a sessions court earlier this month.

Mukesh appeared before the SIT at the Coastal Police Headquarters here at 9.45 am and was questioned for three and a half hours.

Two cases have been registered against Mukesh, one by the Wadakkanchery police and the other by the Maradu police.

Ernakulam District and Sessions granted bail to Mukesh on September 5 in connection with the rape case filed against him by the female actor, who also made additional accusations of sexual assault.

Following the woman's accusation, an FIR under section 376 (rape) of the IPC was registered against Mukesh.

He claimed that the charges were the result of his refusal to succumb to blackmail attempts by the complainant.

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

In response to these allegations of sexual harassment and exploitation involving several actors and directors, the state government announced the formation of a seven-member Special Investigation Team on August 25 to investigate the claims.