Kerala MLA Mamkootathil yet again faces arrest as court refuses immunity in second rape case

Thiruvananthapuram: A sessions court in Thiruvananthapuram on Saturday refused to grant interim protection from arrest to expelled Congress MLA Rahul Mamkootathil in the second rape case filed against him, even as he remains absconding since the first case was registered.

The court declined interim relief while considering Mamkootathil’s anticipatory bail plea, with his lawyer, advocate Ajithkumar (Sasthamangalam), stating that “there was no provision for it under the Bharatiya Nagarik Suraksha Sanhita (BNSS)”.

The court has sought a police report and posted the matter for hearing on Monday.

What happened earlier in the day?

On Saturday morning, the Kerala High Court granted Mamkootathil interim protection from arrest in the first case involving allegations of rape and forced abortion.

Within an hour of receiving that relief, the Palakkad MLA moved the Thiruvananthapuram sessions court, seeking anticipatory bail in the second sexual assault case.

He also filed a plea asking that the police not proceed with his arrest, citing the High Court’s earlier order.

The High Court has directed that he should not be arrested while his anticipatory bail plea is pending, listing the matter for hearing on December 15.

What are the cases against him?

The first case—involving allegations of rape and forced abortion—was filed last week. A sessions court had rejected his anticipatory bail plea on Thursday, prompting him to approach the High Court.

The second case was registered on Wednesday, based on a complaint by another woman who is a Bengaluru resident.

Mamkootathil was expelled from the Congress on December 4, after the sessions court dismissed his anticipatory bail plea in the first case. He has been missing since that case was registered.