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Government moves HC against Eldhose’s anticipatory bail

- October 28, 2022

Thiruvananthapuram, October 28 (BPNS)

The state government has challenged the anticipatory bail order given to Congress MLA Eldhose Kunnappilly in the Kerala High Court. In a petition, the government stated that the Additional Sessions Court, Thiruvananthapuram had erred in granting the pre-arrest bail. It also stressed that Eldhose’s custodial interrogation is highly necessary in the case. Eldhose, who represents the Perumbavoor constituency, is facing charges of physical assault and outraging the modesty of a woman.

“The lower court has erred while granting the pre-arrest bail. The long-standing relationship between the accused and the victim rained into rough weather when she was raped and physically assaulted several times by the accused,” reads an excerpt from the petition filed by the government.

It further added, “While granting anticipatory bail, the lower court should have considered whether prima facie case existed against the petitioner based on the materials placed before the court.”

According to the government, the lower court had based its conclusions only on the complaint given by Eldhose before the Commissioner of Police, Thiruvananthapuram. The lower court also considered it along with the statement given by the victim when she was produced before the Judicial First Class Magistrate Court.

As per the case registered by the police, Eldhose allegedly maintained frequent contact with the victim through calls and Whatsapp messages since 2018. The accused send her obscene videos and pressed her to visit the MLA hostel. It is also alleged that the accused invited the victim to Somatheeram Resort in Kovalam on the pretext of having a meeting there and proceeded to rape her.

Considering these aspects, the government argued that there were several such incidents of physical assault and rape by the victim by the accused.

At the same time, Eldhose is of the stance that he will prove his innocence before the court. He also added, the other day, that he will divulge some details about the case in the coming days.

It was on October 20 that the court granted him anticipatory bail upon the conditions of surrendering his passport and mobile phone to the investigating officer, executing a cash bond backed by two solvent sureties and not leaving the state.