KOCHI: KOCHI: Actor Siddique, who is facing arrest for the alleged rape of a young actress in 2016, approached the Supreme Court on Wednesday in an attempt to evade arrest after the Kerala High Court rejected his anticipatory bail petition.
Siddique contended that the HC denied him anticipatory bail on the ground that his custodial interrogation is inevitable for proper investigation of the crime, especially since his defence is in total denial of the incident and his potency test is to be done.
The HC had also cited the prosecution’s apprehension that he may intimidate the witness and tamper with the evidence. As per the document filed by Siddique, which TNIE accessed, total denial of the alleged incident cannot be a ground for custodial interrogation. The accused has a “constitutional right to remain silent”, said the plea filed through Advocate Ranjeeta Rohatgi.
SC to consider Siddique’s bail petition tomorrow
Senior lawyer and former Attorney General for India Mukul Rohatgi is expected to represent the actor in the SC, which is expected to consider the case on Friday.
“Denial of the allegations raised by the complainant...would not render the accused to be kept in custody for custodial interrogation,” the petition said, adding that the HC failed to consider this. It also argued that the HC failed to consider the contention that he is willing to cooperate with the investigation agency, including go for the potency test, despite there being no allegation of sexual intercourse or commission of offence by him warranting the test. It said the prosecution itself has stated that statements of the survivor and the persons she cited have been recorded. Therefore, the intimidation and tampering of evidence does not arise, the plea said.
The state government has filed a ‘caveat plea’ against Siddique’s anticipatory bail plea in the SC, requesting that no decision be made without hearing its arguments. The survivor too has moved the top court to oppose Siddique’s bail.
Meanwhile, the search for Siddique by the Special Investigation Team (SIT) yielded no results on Wednesday. Police sources said the actor is believed to be hiding somewhere within the state with the aid of friends. He left his vehicle when he went absconding to avoid easy detection by the police. The police declined to comment on reports that his mobile phone rang once on Wednesday morning.
