Kerala High Court Permits MLA Eldhose Kunnappilly's Counsel To Peruse Case Documents Including Victim's 164 Statement
Live LawHearing a petition seeking cancellation of the order granting anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder, the Kerala High Court on Thursday permitted his counsel to examine the documents, including Section 164 CrPC statements of the victim, in the presence of the Court officer on Monday. The counsel argued that though he is not entitled to a copy of the statement given by the victim under Section 164 CrPC, in this case, it has been relied upon for seeking the cancellation of bail. He requested the court that he may be provided with copies of the documents relied upon by the petitioner, which include the statement of the victim under Section 164 CrPC. In the appeal, the State has submitted that 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 and while granting anticipatory bail, the lower court should have considered whether prima facie case existed against the petitioner on the basis of the materials placed before the Court, it has argued.