Kerala High Court halts arrest of Palakkad MLA Rahul Mamkootathil in rape case
The Kerala HC considered the Palakkad MLA’s plea for anticipatory bail and issued a direction that detailed arguments would be heard shortly
Suspended Congress MLA Rahul Mamkootathil, who has been absconding following the registration of a rape case against him, got an interim relief on Saturday after the Kerala High Court stayed his arrest.
The Kerala HC bench, presided over by Justice K. Babu, considered the Palakkad MLA’s plea for anticipatory bail and issued a direction that detailed arguments would be heard shortly.
Meanwhile, the MLA continues to remain at large for the tenth consecutive day.
The matter is currently scheduled to be heard again on 15 December.
Mamkootathil had approached the High Court after his initial application for anticipatory bail was rejected by the Thiruvananthapuram Principal Sessions Court.
Rape Allegations
The Thiruvananthapuram Police registered a case against Rahul Mamkootathil based on a woman’s formal complaint alleging sexual assault, rape under the pretext of marriage, and forced abortion.
The First Information Report (FIR) was initially lodged at the Nedumangad Valiyamala Police Station but was later transferred to the Nemom Police Station as the alleged incidents fell within its proper jurisdiction.
The case was filed under eight non-bailable sections of the Bharatiya Nyaya Sanhita (BNS) 2023 -- Section 64 for rape, Section 64(2) for repeatedly committing rape on the same woman, Section 64(f) for rape by a person in a position of trust, Section 64(h) for rape on a woman knowing she is pregnant, Section 64(m) for repeated rape on the same woman, Section 89 of the BNS for causing miscarriage without the woman's consent, BNS 316 for criminal breach of trust, and Section 68(e) of the Information Technology Act, which relates to the transmission of offensive digital content.
Collectively, the offences carry penalties ranging from ten years to life imprisonment.
Second Rape Case
Meanwhile, a sessions court in Kerala on Saturday declined to grant an interim protection from arrest to expelled Congress MLA Rahul Mamkootathil in a second rape case registered against him.
The sessions court called for a report from the police and listed Mamkootathil's anticipatory bail plea for hearing on Monday, the MLA's lawyer Ajithkumar (Sasthamangalam), said.
Less than an hour after the High Court decision, the Palakkad MLA sought anticipatory bail in a sessions court here in the second case of sexual assault registered against him.
Political Reaction
Earlier, Kerala Chief Minister (CM) Pinarayi Vijayan heavily criticised the Congress party for allegedly shielding the now-expelled Palakkad MLA, despite being aware of his alleged "severe sexual perversion" and the shocking rape allegations.
He also called the delayed expulsion a disgrace to the Congress party's legacy.
Kerala Pradesh Congress Committee (KPCC) president Sunny Joseph confirmed that the suspended MLA, Rahul Mamkootathil, has now been expelled from the Congress following the serious allegations and the resulting registered cases.