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The Thiruvananthapuram District Sessions Court on Saturday, December 6, declined interim protection from arrest to expelled Congress MLA Rahul Mamkootathil in the second sexual assault case filed against him. His anticipatory bail plea for a detailed hearing has been scheduled for Monday, December 8. This development came hours after the Kerala High Court granted Rahul protection from arrest in the first case of rape and forceful miscarriage, registered on November 27.
Rahul had moved the Sessions Court seeking an order restraining the police from arresting him in the second case, arguing that the complaint was politically motivated and timed to coincide with the upcoming Kerala local body elections.
His counsel contended that the FIR provided no clarity on the complainant's identity or the location of the alleged incident, and that even the email through which the complaint was submitted lacked essential details. The defence maintained that the case carried "political weight" and urged the court to prevent his arrest until all aspects were examined. They argued that the complaint was filed "without any description of events" and at a time when the political atmosphere was charged.
However, the prosecution strongly opposed the plea, pointing out that it was the president of Rahul’s own political party who had forwarded the complaint directly to the DGP.
The prosecution argued that the court should not grant a protective order without scrutinising the complainant's statement and the police report. The court has indicated that it will conduct an extensive hearing of both sides before taking a final decision.
The first case, where the allegation involves rape under the guise of a marriage promise, will be taken up again by the High Court on December 15. The court has sought reports from the Special Investigation Team and the police.
The second complainant alleges that Rahul Mamkootathil, along with his friend, transported the woman to a home stay, where he raped her.
Rahul has been on the run for the past ten days.