The Kerala High Court on Saturday stayed the arrest of Member of Legislative Assembly (MLA) Rahul Mamkootathil in a rape case registered against him by the Nemom Police [Rahul BR v State of Kerala].Justice K Babu passed the order on an anticipatory bail plea moved by Mamkootathil.The Court granted him interim protection from arrest till the next date of hearing of the matter on December 15."I will hear arguments on December 15th. During the pendency of the application, I will not permit his arrest because he has raised very serious contentions. No man shall be condemned unless heard. The matter is pending before a constitutional court. The party has raised very serious contentions. He has a case that the lady was married and admittedly there was a consensual relationship. I am not in any way prejudiced, I have made sure that he shall not be arrested during the pendency of the application," the Court stated orally.The Thiruvananthapuram Sessions Court had dismissed his anticipatory bail application on December 4 prompting him to move the High Court..I will not permit his arrest because he has raised very serious contentions. No man shall be condemned unless heard.Kerala High Court.The anticipatory bail relates to a rape case registered based on a written complaint submitted directly by a woman and her family to Chief Minister Pinarayi Vijayan on November 27, accusing the MLA of rape, pregnancy through sexual assault and forced abortion. The complainant also alleged that Mamkootathil threatened her by video recording their intimate moments.Mamkootathil was booked under various provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 64 for rape, Section 89 for forced miscarriage, Section 316 for criminal breach of trust, Section 351 for criminal intimidation, Section 329 for trespass and Section 116 for causing grievous hurt. He was also booked under Section 66E of the Information Technology Act for violation of privacy.In his petition seeking anticipatory bail, Mamkootathil admitted to having a physical relationship with the complainant but has contended that it was entirely consensual.According to the plea, the allegations against him are false, politically motivated and intended to tarnish his public standing..He has a case that the lady was married and admittedly there was a consensual relationship.Kerala High Court.Mamkootathil has allegedly been evading the police ever since the registration of the case.The Congress party suspended Mamkootathil's membership in August this year after allegations of sexual misconduct were made against him by several women. Mamkootathil also resigned from his position as Youth Congress Chief. However, he continues to be an MLA, representing Palakkad constituency..Mamkootathil is being represented by advocates S Rajeev, V Vinay, MS Aneer, Anilkumar CR, Sarath KP, KS Kiran Krishnan, Dipa V, Akash Cherian Thomas, Azad Sunil, TP Aravind and Maheshwar P..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
