The Kerala High Court granted interim protection from arrest to MLA Rahul Mamkootathil in a case involving allegations of rape and forced miscarriage registered by the Nemom Police. The protection was granted while his anticipatory bail plea is pending consideration before the Court. The Bench noted that the matter involves serious contentions and that no individual should be subjected to arrest without being heard. The order was issued orally, and a detailed written order is awaited.
According to the prosecution’s case, Mamkootathil is the first accused in an FIR alleging repeated rape, sexual assault committed by a person in a position of trust, rape knowing the woman was pregnant, causing miscarriage without consent, voluntarily causing hurt, criminal intimidation, and other offences related to joint criminal liability and breach of privacy. The allegations include claims of a forced abortion. The case stems from a complaint by a woman who accused the MLA of abusing a relationship of trust and causing both physical and emotional harm.
Earlier, the Thiruvananthapuram Principal District and Sessions Court had rejected his anticipatory bail plea after evaluating the prosecution’s submission, which included medical evidence, statements of doctors and witnesses, and preliminary forensic findings. The Sessions Court observed that the allegations were grave and that the evidence placed before it was sufficient to form a prima facie view. The Court declined to grant interim protection from arrest and refused to defer arrest while the bail plea was pending before it.
Following the rejection of bail by the Sessions Court, Mamkootathil approached the High Court seeking relief. He denied the allegations and contended that the relationship was consensual. He argued that the complainant was estranged from her husband and suggested that the complaint may have been influenced by political motives. He submitted before the High Court that he was willing to cooperate with the investigation and that custodial interrogation was unnecessary.
Taking note of the arguments and the seriousness of the contentions raised, the High Court granted him temporary protection from arrest until his anticipatory bail application is heard in detail. The matter has been posted for further hearing, during which the Court will decide the bail application on its merits.
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