Kerala High Court Grants Interim Protection to Expelled MLA in Rape Case

In a development that's certainly stirred conversations across political and legal circles in Kerala, the High Court has extended a temporary shield to former MLA Rahul Mamkootathil, preventing his immediate arrest in a rather serious rape case. This interim order, valid for two weeks, comes amidst a swirling controversy, giving the expelled legislator a momentary respite while legal proceedings unfold.

The case stems from a complaint lodged by a 30-year-old woman hailing from Pathanamthitta. Her allegations are deeply troubling: she claims Mamkootathil, under the false promise of marriage, subjected her to sexual exploitation over a period of years. The complaint, filed with the Ernakulam Central Police, includes charges under various sections of the Indian Penal Code, specifically Sections 376 (rape), 420 (cheating), and 506 (criminal intimidation).

What caught the court's attention, particularly Justice K. Babu, was the substantial time gap between the alleged incidents and the filing of the formal complaint. The reported events date back to 2017, yet the complaint only saw the light of day in 2024 – a seven-year difference that the court highlighted as a significant factor. Initial observations from the bench also pointed towards what appeared to be a consensual relationship at its outset, adding another layer of complexity to the narrative.

Mamkootathil's legal team, arguing for anticipatory bail, painted a picture of political vendetta and blackmail. They contended that the relationship between the two individuals was indeed consensual, and that the complaint itself was a calculated move, potentially orchestrated by political rivals. The defence further suggested that the complainant's husband, allegedly associated with an opposing political faction, might be a driving force behind these serious accusations, transforming a personal matter into a public and politically charged one.

However, the police, represented by the public prosecutor, stood firm in their opposition to granting bail. They stressed the critical need for a custodial interrogation, arguing that such a step was absolutely essential to thoroughly investigate the grave allegations made by the woman. Their stance underscores the serious nature of the charges and the police's belief that Mamkootathil's direct questioning, while in custody, would be crucial for uncovering the truth.

The complainant's account, if proven, reveals a harrowing ordeal. She alleges that after exploiting her physically under the pretext of marriage, Mamkootathil repeatedly backed out of his promise. Furthermore, she claims to have become pregnant twice during their relationship, only to be allegedly coerced into terminating both pregnancies. Adding to the gravity, she also stated that Mamkootathil threatened to expose intimate photographs of her if she dared to reveal their relationship or the alleged incidents.

It's worth noting that this isn't Mamkootathil's first brush with controversy concerning allegations of sexual misconduct. He was previously expelled from the Kerala Students Union (KSU), the student wing of the Congress party, in 2021 following a separate complaint of sexual harassment. This prior incident, while distinct, unfortunately adds to a pattern of concerning allegations surrounding his public persona.

For now, the High Court's interim order provides a temporary halt to any immediate arrest. This doesn't, however, diminish the seriousness of the charges or the ongoing legal battle. It simply means that for the next two weeks, the former MLA has a reprieve, allowing further legal arguments and considerations to take place before a definitive decision on his anticipatory bail application is made. The path ahead remains uncertain for all parties involved.