Mamkootathil in legal fix as survivor files impleading petition, govt seeks bail cancellation in second case
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The survivor in the rape and impregnation case involving Palakkad MLA Rahul Mamkootathil filed an impleading petition before the Kerala High Court on Tuesday, asking the court to hear her arguments before deciding on the legislator's anticipatory bail plea. The hearing is scheduled for Wednesday.
Earlier in December, Mamkootathil moved the HC seeking anticipatory bail after a lower court rejected his plea in the first rape case registered against him. The HC had earlier granted him interim protection from arrest and later extended the order until a final decision is taken.
At present, Mamkootathil has secured bail only in the second rape case registered against him. In the first case, the lower court rejected his bail plea after considering all the submissions made by the survivor.
Mamkootathil is the first accused in the case registered by the Nemom police. The charges include offences under Sections 64(2)(f), 64(2)(h) and 64(2)(m) (rape), Section 89 (causing miscarriage without the woman’s consent), Section 115(2) (voluntarily causing hurt), Section 351(3) (criminal intimidation) and Section 3(5) of the Bharatiya Nyaya Sanhita, along with Section 66E of the Information Technology Act, which deals with violation of privacy. The case has been handed over to a Special Investigation Team (SIT).
Meanwhile, the state government has approached the High Court seeking cancellation of Mamkootathil’s bail in the second rape case. In response, the Palakkad MLA filed a counter-affidavit. The court has indicated that the plea will be heard within 10 days.
In the second case, Mamkootathil faces charges under Section 376 of the Indian Penal Code. A Special Investigation Team of the Crime Branch is probing the case. According to the prosecution, the MLA allegedly raped the survivor at a homestay in 2023.