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The former Congress leader was sacked from the party last year for addressing a CPM event.
The magistrate court pointed out that the statements of the independent witness produced by the prosecution as an eyewitness were not reliable.
They would be served with notices and hearings would be held. A final decision will be taken within a month thereafter.
Sunu is the third accused in the case pertaining to the gang rape of a woman in Thrikkakara in Ernakulam.
The court stalled the arrest of the couple in five of these cases, but the police apprehended them in the sixth case.
After completing his Malabar tour which ruffled some feathers in the party, Tharoor is attending a series of events in central and southern Kerala.
Though Sunu reported for duty at Beypore station on Sunday morning, he was later directed to go on leave by ADGP M R Ajithkumar, fearing public outcry.
Sunu told the media that the charges were fabricated and that he was innocent.
Police continue the interrogation of accused P R Sunu, Beypore Coastal Police Inspector who was taken into custody earlier.
According to the commissioner, the arrest is taking time because the police are yet to gain clarity on certain information mentioned in the complaint.