The Kerala High Court on November 10 ordered that counsel of Congress MLA Eldose Kunnapillil, an accused in the sexual assault case, be allowed to examine the documents including statements given by the survivor under section 164 of the Criminal Procedure Code (Cr. P.C.)in the presence of the court officer on November 14.
The court passed the order when the appeal filed by the State government challenging the grant of anticipatory bail to the MLA by the Thiruvananthapuram Additional District and Sessions court came up for hearing. The court also extended till Monday its interim directive to the MLA to appear before the investigation officer every day.
When Kunnapilli’s counsel submitted that he wanted to talk to the accused on Sunday, the court asked the investigating officer to complete the interrogation on Sunday by 4 pm and permitted Kunnapillil to meet his lawyer after 5 pm.
Also read | ‘Will prove my innocence before court’, says Eldose P. Kunnappillil MLA
The government in its appeal said that the Additional District and Sessions court went wrong in granting anticipatory bail when the investigation was only at its initial stage. In fact, custodial interrogation of the MLA was highly necessary.
The government further submitted that it was prima facie revealed that the MLA had committed the offences including rape as alleged by the victim. As the petitioner was an MLA and therefore wields considerable power, there was every possibility of his influencing and threatening the victim and the witnesses.
The government said according to the complaint of the survivor, she was subjected to rape forcefully without her consent and by intimidation. Even after granting bail the victim was threatened and harassed through social media at the instance of the accused, the appeal said.
