Rape case: HC stays Rahul Mamkootathil's arrest till Dec 18

Kochi: The Kerala High Court on Monday extended the interim protection from arrest granted to Palakkad MLA Rahul Mamkootathil in the rape and forced abortion case registered against him. Justice K Babu deferred the hearing of his anticipatory bail plea to Thursday (December 18) for consideration and extended the interim order till then. 

In its December 6 order, the bench of Justice K Babu restrained the police from arresting the expelled Congress leader during the pendency of his plea and posted the matter for hearing on Monday (December 15). Hence, all eyes were on the HC verdict as the Special Investigation of the Crime Branch can arrest him in the first case if the bail is denied. But the court extended his interim protection from arrest till December 18.

Mamkootathil is arrayed as the first accused in the crime registered by the Nemom Police and is accused of the offences under the Sections 64(2)(f), 64(2)(h), 64(2)(m) [Rape], 89 [Causing miscarriage without woman's consent], 115(2) [Voluntarily causing hurt], 351(3) [Criminal intimidation], 3(5) of the Bharatiya Nyaya Sanhita and Section 66(E) of the Information Technology Act [Punishment for violation of privacy]. This case is also handed over to the SIT.

The High Court’s decision will be crucial for Rahul, who was expelled from the party after the Thiruvananthapuram Sessions Court rejected his anticipatory bail plea in the first rape case registered by the Nemom police.

The SIT, led by Assistant Inspector General G Poonkuzhali, is probing the two rape cases against the MLA.

Meanwhile, it is reported that Rahul will not appear before the probe team for interrogation on Monday. The Sessions Court had directed him to appear before the probe team every Monday while granting him conditional anticipatory bail in the case registered on a complaint by a 23-year-old woman.

At the same time, Rahul has argued that he has not received any notice from the SIT so far. According to him, he will appear for interrogation once he receives a notice from the probe team. 

Rahul had been absconding since November 28 after the police booked him in the first rape case. After obtaining anticipatory bail in the second rape case, he turned up to cast his vote in the local body polls at Kunnathurmedu ward in Palakkad on December 11.

He is currently at his residence in Pathanamthitta's Adoor. It is learnt that the SIT restricted him from leaving the district.

Meanwhile, the Kerala government has moved a petition in the High Court seeking to set aside the Sessions Court order that granted anticipatory bail to the MLA in the second rape case.
(With Live Law inputs)