Suspended Congress MLA Rahul in Mamkootathwho was absconding after a rape case was registered against him, got interim relief on Saturday after the Kerala High Court stayed his arrest.
A Kerala HC bench headed by Justice K Babu considered the Palakkad MLA’s anticipatory bail plea and directed that detailed arguments would be heard soon.
Meanwhile, the MLA remains at large for the tenth day in a row.
The matter is currently scheduled to be heard again on December 15.
Mamkootathil approached the High Court after his original application for anticipatory bail was rejected by the principal session of the Thiruvananthapuram court.
Accusations of rape
The Thiruvananthapuram police registered a case against Rahul Mamkootathila based on a formal complaint by a woman alleging sexual assault, rape on 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 under its proper jurisdiction.
The case was filed under eight sections of the Bharatiya Nyaya Sanhita (BNS) 2023 — section 64 for rape, section 64(2) for repeated rape of the same woman, section 64(c) f) for repeated rape by a person in a position of trust, paragraph 64 letter the same woman, § 89 BNS for causing an abortion without the woman’s consent, BNS 316 for the criminal offense of breach of trust and § 68 letter e) of the Information Technology Act, which relates to the transmission of offensive digital content.
Collectively, these crimes carry penalties ranging from ten years to life imprisonment.
Second case of rape
Meanwhile, a Kerala sessions court on Saturday refused to grant interim protection from arrest to exiled Congress MLA Rahul Mamkootathila in the second rape case registered against him.
The sessions court sought a report from the police and listed Mamkootathila’s anticipatory bail application for hearing on Monday, MLA Ajithkumar (Sasthamangalam)’s lawyer said.
Less than an hour after the Supreme Court’s decision, the Palakkad MLA applied for anticipatory bail in a sessions court here in the second sexual assault case registered against him.
Political reaction
Earlier, Kerala Chief Minister (CM) Pinarayi Vijayan strongly criticized the Congress party for allegedly patronizing the now expelled Palakkad MLA despite being aware of his alleged “severe sexual perversion” and shocking rape allegations.
He also termed the delayed expulsion as a disgrace to the Congress party’s legacy.
Kerala Pradesh Congress Committee (KPCC) President Sunny Joseph has confirmed that the suspended MLA, Rahul Mamkootathil, has now been expelled from the Congress following serious allegations and resulting cases registered.
