The case pertains to an incident where he allegedly tried to harass a woman who had gone to his flat to narrate a story for a movie.
Published May 23, 2023 | 6:10 PM ⚊ Updated Aug 10, 2023 | 4:09 PM
Unni Mukundan. (Instagram)
The Kerala High Court on Tuesday, 23 May, dismissed a petition filed by actor Unni Mukundan seeking to quash the FIR registered against him in connection with a sexual assault case.
The court also allowed the trial proceedings against the actor to continue in the lower court in the case pertaining to outraging the modesty of a woman scriptwriter in 2017.
Justice K Babu rejected the petition filed by Unni Mukundan to quash the case against him.
The Malikappuram actor has been accused of submitting a forged affidavit mentioning an out-of-court settlement between him and the woman complainant who accused him of outraging her modesty around five years ago.
The high court, on 9 February, vacated the stay granted by it earlier on the trial proceedings against Unni Mukundan, after the woman denied claims that she agreed to an out-of-court settlement.
The court observed that if the stay order was secured by submitting a false affidavit, it was a “very serious” matter.
Saiby Jose Kidangoor, who is facing a probe into allegations of bribery to settle court cases, is representing Mukundan.
Counsel for the complainant informed the court that she had never signed any compromise affidavit.
While vacating the stay, Justice K Babu remarked: “Get set for the hearing. You are answerable for how such a forged affidavit was produced. Playing fraud in court is a matter of grave concern. It is a forgery, and the petitioner has to answer.”
Mukundan obtained the stay on 7 May, 2021.
While issuing the stay order, Justice Gopinath said: “The learned counsel (Kidangoor) for the petitioner (Mukundan) contends that the second respondent (the complainant) informed the petitioner that she does not wish to proceed with the complaint. Because the proceedings were initiated based on a private complaint and considering the whole facts and circumstances involved in the case, there will be an interim stay order as prayed for.”
The stay was later extended.
When the court observed that forgery was a criminal offence, Kidangoor was absent. Instead, one of his juniors attended the court.
Kidangoor told journalists that the complainant woman had emailed him saying she was not interested in proceeding with the case. He also claimed that he had produced the email in court.
Before his recent fall, Kidangoor was a powerful and influential Kochi-based advocate and a long-time president of the Kerala High Court Advocates’ Association.
He alleged in his resignation letter that some fellow lawyers were hatching a conspiracy against him as he had initiated a campaign for an organisational revamp democratically.
He said some association members were engaged in a smear campaign to paint him as a corrupt and shady character. He also alleged personal enmity and professional jealousy.
The case against Mukundan pertains to a 23 August, 2017, incident in which he allegedly tried to outrage the modesty of a young woman who had gone to his flat to narrate a possible storyline for a movie. She filed the case on 15 September of the same year, reports said.
(With PTI inputs)
