Rape case against Congress MLA: Kerala HC dismisses appeals against MLA's anticipatory bail
Dec 02, 2022
Kochi (Kerala) [India], December 2 : Kerala High Court on Friday dismissed the appeals filed by the state government and the victim seeking to cancel the anticipatory bail granted to suspended Congress MLA Eldhose Kunnappilly, in connection with a rape case.
A woman had in October this year lodged a rape and attempt to murder complaint against the Perumbavoor MLA, on the basis of which a case was registered against him.
The Additional Sessions Court of Thiruvananthapuram granted Kunnappilly anticipatory bail on October 21.
Following this, both the complainant and the Kerala state government approached the High Court seeking to cancel the anticipatory bail granted to him in the case.
In its appeal, the Kerala State Government contended that custodial interrogation is necessary.
"The long-standing relationship between the accused and the victim ran into rough weather when she was raped and physically assaulted several times by the accused. While granting anticipatory bail, the lower court should have considered whether a prima facie case existed against the petitioner on the basis of the materials placed before the Court. Instead, the lower court based its conclusions only on the complaint given by the de facto complainant before the Commissioner of Police, Thiruvananthapuram pursuant to a man missing complaint," the state government had contended.
The MLA was also suspended from the Kerala Pradesh Congress Committee (KPCC) and District Congress Committee (DCC) membership for six months because of accusations levelled against him.
"The KPCC leadership has assessed the explanation given by the MLA was not satisfactory. Considering the concessions given by the court in its verdict allowing anticipatory bail and the need to perform his duties as a legislative member in his constituency, KPCC has suspended him from KPCC's and DCC's day-to-day affairs for a period of six months. Party will observe him in this period and further action will be decided accordingly," KPCC president K Sudhakaran had said in the suspension order.
