Kerala court grants interim protection from arrest to actor-MLA Mukesh in rape case

A Kerala court on Thursday directed the State police to not arrest Malayalam cine actor and Member of the Legislative Assembly (MLA) Mukesh who was booked for rape in connection with allegations levelled against him by a woman actor..The woman has made serious allegations against several members of the Malayalam film industry in the wake of the release of the Justice K Hema Committee Report which exposed widespread sexual abuse and discrimination against women in the industry.A first information report (FIR) was registered against Mukesh by the Maradu Police alleging commission of rape which is punishable under Section 376 of the Indian Penal Code. Mukesh has also been booked under Sections 354 (assaulting or using criminal force against a woman with intent to outrage her modesty) and 509 (insulting the modesty of a woman with words, sounds, gestures, or objects) of the Indian Penal Code. He subsequently moved the Ernakulam Sessions Court seeking anticipatory bail. Sessions Judge Honey M Varghese today granted Mukesh protection from arrest till September 3, noting that there is little chance of him absconding. "The records would show that the petitioner is a MLA representing Kollam constituency. The alleged date of occurrence falls during 2010. He submitted that he is ready to co-operate with the investigation and also to appear before the Investigating Officer. Taking note of the situation that there may not be chances to flee away from the clutches of law the Investigating Officer is directed that the petitioner shall not be arrested till 03.09.2024", the order stated. .The Justice K Hema Committee was set up by the Kerala government in 2017 following a petition by the 'Women in Cinema Collective' to study the issues faced by women in the film industry.They submitted their findings to the State in 2019.The State Information Commission (SIC) later allowed a request by certain parties (journalists) for access to the report after personal information was redacted to protect the privacy of witnesses.The report was released on August 19, after two unsuccessful court challenges to halt its publication.Mukesh is one among many prominent film personalities against whom allegations of sexual harassment have surfaced since the release of the report. Since the woman actor filed her complaint, calls for the MLA's resignation by both the Indian National Congress and the Bharatiya Janata Party have intensified.Mukesh, however, has claimed that the allegations are part of an effort to blackmail him and has stated that he would take strong legal action against those responsible..In his application seeking anticipatory bail, Mukesh asserted his innocence, stating that the complaint against him was made with malafide intention to tarnish his career as both a politician and an actor.The plea pointed out that the complaint was filed over 15 years after the alleged incident took place.Pertinently, Mukesh submitted a copy of a communication sent to him by the woman actor in which she thanked him for his kindness as well as a WhatsApp message where she demanded ₹1 lakh from him.The MLA sought anticipatory bail on these grounds and assured the Court that he would co-operate fully with the investigation. .Since the release of the report, cases have also been filed against actors Siddique, Edavela Babu and director Ranjith.Allegations have also been made against another director VP Prakash who has approached the High Court for anticipatory bail.With a rise in such allegations against several personalities in Mollywood, a Special Investigation Team (SIT) has been constituted to probe the matter..Since the release of the report, there have also been calls for initiating action against the alleged perpetrators who may have been named in it.A petition in that regard was filed before the Kerala High Court. The Court in that case directed that an unredacted copy of the Hema Committee Report to be filed before it in a sealed cover so that it can examine whether any of the findings may require criminal investigation..Mukesh is represented by advocates Geo Paul and CR Pramod..[Read Order]