The Kerala High Court on Monday extended the interim protection from arrest previously granted to Palakkad MLA Rahul Mamkootathil in connection with allegations of rape and causing miscarriage without consent. The extension was ordered by Justice K. Babu, who posted the matter for further consideration later in the week and maintained the interim order until that time. The case arises from serious offences alleged to have been committed by Mamkootathil, who is named as the first accused in a crime registered by the Nemom Police. The charges against him include multiple provisions of the Bharatiya Nyaya Sanhita relating to repeated rape, rape by a person in a position of trust, rape knowing the woman is pregnant, causing miscarriage without the woman’s consent, voluntarily causing hurt, criminal intimidation, and related offences. Additional charges under the Information Technology Act alleging invasion of privacy are also part of the case against him. The High Court’s extension of interim protection came while his anticipatory bail application is pending before the court, and the matter has been scheduled for a detailed hearing on a fixed date.
Prior to approaching the High Court, Mamkootathil’s initial anticipatory bail application was dismissed by the Principal District and Sessions Court in Thiruvananthapuram, which had observed that serious allegations had been made out against him on a prima facie basis. Following that decision, Mamkootathil moved the High Court seeking anticipatory bail and, in the interim, obtained a direction restraining his arrest. The High Court’s order specifically prevents law enforcement from taking him into custody until the next scheduled hearing, thereby maintaining his protection from arrest while the anticipatory bail plea remains under consideration.
The allegations against Mamkootathil are the subject of intense public and legal scrutiny, and they have generated significant developments in parallel forums. In a related second sexual assault case, the Thiruvananthapuram Sessions Court granted anticipatory bail with conditions, addressing another complaint filed against him by a different woman. The state government has separately challenged that sessions court bail order before the High Court. These multiple legal proceedings reflect the complexity and seriousness of the matters involving the MLA, including overlapping and distinct criminal complaints.
The interim protection granted by the High Court in the present rape and miscarriage case followed earlier judicial directions in which the court had restrained police from arresting Mamkootathil while his anticipatory bail plea was being heard. Those directions were issued as part of interim judicial relief while the High Court examined legal contentions raised by his counsel regarding the anticipatory bail application. The court indicated that it would consider detailed submissions when the matter next appears for hearing, and until then, the protection from arrest remains in place.
Rahul Mamkootathil’s legal situation has also involved broader consequences beyond the courtroom. He was expelled from his political party after a sessions court rejected his bail in one of the cases, which reflects the political fallout arising from the criminal allegations. Investigations into the matters have been ongoing, with law enforcement seeking to gather evidence and proceed in accordance with relevant criminal procedures. While Mamkootathil has secured interim judicial protection, the continuation of the anticipatory bail hearing and related legal challenges will determine whether that protection persists or if additional judicial orders are required.
In granting the interim extension, the High Court did not decide on the merits of the anticipatory bail application but rather ensured that the accused’s arrest would not occur while the plea is pending before the court. This procedural order aligns with established legal practice in cases where anticipatory bail applications are under consideration. The High Court will revisit the matter on the scheduled hearing date, when the parties will have the opportunity to present their detailed legal arguments on whether anticipatory bail should be granted permanently in the face of the allegations and materials presented by the prosecution.
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