In a significant legal reprieve for Rahul Mamkootathil, the expelled Congress MLA from Palakkad, the Kerala High Court on Saturday granted an interim stay on his arrest in connection with a high-profile rape and forced abortion case. The single bench of Justice K. Babu restrained the police from arresting the legislator until December 15, the date set for the next hearing of his anticipatory bail plea.
The High Court’s intervention comes just two days after a Thiruvananthapuram Sessions Court rejected Mamkootathil's pre-arrest bail application, a move that had intensified the manhunt for the MLA who has been reportedly absconding for over ten days.
The Allegations and Legal Battle
The case against the 36-year-old legislator is grave. The Nemom police have booked him under serious sections of the Bharatiya Nyaya Sanhita (BNS), including rape, rape by a person in a position of trust, and causing miscarriage without a woman's consent. The FIR, registered following a complaint to Chief Minister Pinarayi Vijayan, alleges that Mamkootathil sexually exploited a woman acquaintance under the pretext of marriage and coerced her into terminating a pregnancy using pills obtained without a prescription.
During the hearing, Mamkootathil’s legal counsel vehemently denied the charges, characterizing the relationship as consensual. The defense argued that the complaint was "highly belated" and a result of a "confidence issue" between the two parties after private conversations were leaked on social media. They contended that the allegations were politically motivated, designed to tarnish his image ahead of the upcoming local body elections.
"The petitioner shall not be arrested during the pendency of the bail plea," Justice Babu noted, offering temporary relief to the embattled leader.
However, the prosecution has painted a darker picture. They argued that the accused used his position of power to exploit the victim and that the abortion was forced, posing a severe risk to the woman's life. Prosecutors emphasized that custodial interrogation was necessary to recover digital evidence and investigate the source of the abortion pills.
Political Fallout: A Party in Crisis
The legal turmoil has triggered a political storm in Kerala. On Thursday, mere hours after the Sessions Court denied his bail, the Congress party expelled Mamkootathil from its primary membership. The decision was seen as a desperate damage-control measure by the Kerala Pradesh Congress Committee (KPCC) to insulate the United Democratic Front (UDF) from the scandal's fallout during election season.
Mamkootathil, once seen as a rising star and a vocal face of the Youth Congress on television debates, has seen his political career unravel rapidly. In addition to the current case, he faces a second FIR registered earlier this week by another woman alleging sexual assault in 2023.
Opposition parties, including the CPI(M) and BJP, have seized on the issue, accusing the Congress leadership of shielding the MLA for too long.
What Next?
While the interim order prevents immediate arrest, the sword of Damocles still hangs over the Palakkad MLA. The High Court will conduct a detailed hearing on the merits of the anticipatory bail plea on December 15.Until then, the political and legal drama surrounding one of Kerala's most controversial active cases continues to unfold.