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The Kerala High Court on Saturday, December 6, granted interim protection from arrest to Palakkad MLA Rahul Mamkootathil, who is accused of rape and causing miscarriage without consent. He had filed an anticipatory bail application, which will be heard on December 15. In the meantime, Justice K Babu made it clear that Rahul cannot be arrested while the application is pending.
According to Live Law, while considering the bail plea, the court orally observed: “During the pendency of the application, I will not permit arrest, because he has raised very serious contentions.” The court further noted, “The party has raised very serious contentions… Admittedly, there was a consensual relationship. I’m not in any way prejudiced. I’ve made sure that he shall not be arrested during the pendency of the application.”
The Kerala police have so far registered two FIRs against Rahul: the first, filed on November 28, accuses him of rape and causing miscarriage based on the survivor’s complaint; and the second, filed on December 3, also alleges rape. Rahul has been absconding since the first FIR was registered.
Earlier, on December 4, the Thiruvananthapuram District Sessions Court dismissed his anticipatory bail plea in the first case registered by the Valiyamala police. Soon after the order, the Congress party expelled Rahul.
The first formal complaint against Rahul was submitted on November 27, when the survivor approached Chief Minister Pinarayi Vijayan. Based on her statement, an FIR was registered charging him with rape, causing miscarriage without consent, criminal intimidation, and offences related to the unauthorised recording and sharing of private images.
In August, Rahul resigned as Youth Congress President after Malayalam TV channels aired multiple audio clips and chat records in which women accused him of coercion and misconduct.