The Principal Sessions Court in Thiruvananthapuram on Saturday decided to postpone the anticipatory bail hearing of Palakkad legislator Rahul Mamkootathil. The MLA is seeking pre-arrest bail in a second rape case filed by a 23-year-old woman. The court has scheduled detailed arguments on the plea for Monday.
Court Refuses Interim Protection, Questions Political Motive Claim
While the court sought the stance of the prosecution on the bail application, it explicitly did not grant any interim order to prevent Mamkootathil's arrest. The MLA had urgently requested that his arrest be stayed until a final decision on his plea was reached. However, the court did not accept this interim request.
Mamkootathil's defense team argued that the First Information Report (FIR) was invalid as it was filed without explicitly naming the complainant. They contended that the case was fabricated with a political motive, pointing out that an unknown person first sent the complaint via email to the KPCC president.
Legal Arguments and the New BNS Law
The prosecution countered the defense's claims. They argued that the KPCC president may have forwarded the complaint to the police simply because it appeared credible. They also emphasized that the court lacks the authority to prevent an arrest in such circumstances.
The court, however, noted a legal nuance. It questioned whether, if the complaint was indeed from 2023 and filed under the Code of Criminal Procedure (CrPC), it would have the power to prevent an arrest. The court indicated that it is not exercising such power at this time due to "new circumstances prevailing" under the recently enacted Bharatiya Nyaya Sanhita (BNS) law.
Judges also questioned Mamkootathil's assertion of a political conspiracy. They pointed out that the complaint is based on an alleged incident from 2023 and asked why it would become political merely because the KPCC president received it.
Background: A Day of Legal Reprieve and Fresh Challenges
Rahul Mamkootathil approached the sessions court seeking anticipatory bail shortly after receiving a reprieve from the Kerala High Court in a separate, first rape case on Saturday morning. The development in the high court case provided a temporary relief, which was quickly followed by the fresh legal challenge concerning the second allegation.
The case continues to unfold, with all eyes now on the detailed arguments scheduled for Monday in the Thiruvananthapuram sessions court.
