Kerala High Court Stays FIR Against Lawyers Of Rape Accused MLA Eldhose Kunnappilly

The Kerala High Court on Monday stayed the FIR registered against the lawyers of Congress MLA Eldhose Kunnappilly, accused of rape and issued notice to the survivor in the case.

Vanchiyoor police had recently registered a case against Kunnappilly and three of his lawyers for allegedly threatening the survivor in the rape case filed against the Perumbavoor MLA.

Senior Advocates George Poonthottam, P Vijayabhanu and Advocate S.Rajeev appeared for the three lawyers. 

Justice Kauser Edappagath issued the interim order on a plea moved by the lawyers against whom the case was filed by the survivor woman.

The lawyers claimed that there was no mention of their names in her statement given to the magistrate and said that it was a fabricated case. Police had registered the case upon the direction of the court which recorded the statement of the survivor saying that they threatened her.

Kunnappilly was suspended by the Congress party on October 22 saying his explanation with regard to the allegations made by the woman was not satisfactory.

A woman had recently filed a rape and attempt to murder case against the Perumbavoor MLA. He appeared before the investigating officers after a court in Thiruvananthapuram granted him anticipatory bail.

Meanwhile, the crime branch which is probing the case, on Monday approached the High Court to cancel his bail.

The Prosecution produced the case diary and said the accused is an MLA, who should be a model to the society. It also claimed before the court that the Kovalam CI tried to hush up the case.

However, the court observed that in the initial complaint there was no rape allegation and it came up subsequently. It also said that the initial statement points towards consensual relationship.

"She very well knows the MLA is married with children. So how come she developed an affair with the MLA? Knowing pretty well the consequences of the affair...She cannot claim that she did not know that she was not aware of it because he is a prominent political leader," the Court said.

Hearing the plea to cancel the MLA's bail, the court said the personal liberty of one person was important.

Besides rape and attempt to murder, the Congress MLA has also been charged with assault following a complaint from the victim who stated he had abducted and manhandled her. The case was filed against three accused, including the MLA's personal assistant and a friend.

Later, Vanchiyoor police filed another case based on the statement of the woman against him and three lawyers for allegedly threatening her. The victim claimed that Kunnappilly offered her Rs 30 lakh to settle the case registered against him.

Another case was filed against the MLA for allegedly defaming her through some online media.

Cause Title: Jose J. Cheruvil v. SHO, Vanchiyoor Police Station & Anr. 

Click here to read/download Order

With PTI inputs