KOCHI: The Kerala High Court on Saturday restrained the police from arresting Rahul Mamkoottathil, MLA, until December 15 in a case registered against him for allegedly raping a woman and forcing her to terminate her pregnancy.
When the anticipatory bail plea came up for hearing, Justice K. Babu said the matter would be posted for a detailed hearing. “During the pendency of the case, I will not permit the police to arrest the petitioner because he has raised serious contentions,” the court observed.
“No man shall be condemned unless proven guilty. When a matter is pending before a constitutional court, he will not be arrested. The petitioner’s case is that it was a consensual relationship. And admittedly, there is a consensual relationship. I am not in any way prejudiced. I have made sure that he shall not be arrested, considering his contentions,” Justice K. Babu added.
According to the petition, the complainant—who claimed to be separated from her husband—developed an intimate relationship with the petitioner. They regularly communicated, met on several occasions, and grew closer over time. The complainant told the petitioner that she had taken a long leave from her workplace, and upon her return, the management insisted she submit a written statement declaring that she had a relationship with the petitioner and that differences of opinion had led her to take leave. Only then would she be permitted to rejoin the firm.
The petition further states that certain voice clips circulated on social media harmed the complainant’s privacy. It argues that the source of the leaked conversations and chats must be identified. This breach of privacy allegedly created mistrust and disputes between the two, despite their close relationship. The complainant feared that the petitioner might have leaked the chats.
The petitioner also claims that political motives are influencing the case, particularly with elections approaching. The complainant was allegedly worried about media propaganda and felt compelled to deny the relationship to protect herself. The petitioner asserts that he has communication records supporting his version, but requires time to produce them, as he was being chased by the police before he could approach the court, and the investigation continued without waiting for judicial direction.
According to the petition, political influence has affected the investigation, and the complaint was submitted belatedly, directly to the Chief Minister instead of through the proper channel.