Kerala High Court Halts Arrest of MLA Rahul Mamkuthathil Amid Rape Allegations
Court Decision on MLA's Arrest
The Kerala High Court has intervened to prevent the arrest of Rahul Mamkuthathil, a legislator from Palakkad, who has been evading authorities in connection with a rape case against him. The bench led by Justice K. Babu considered the MLA's plea for anticipatory bail and ordered that detailed arguments be heard. The next hearing is scheduled for December 15. Following the rejection of his anticipatory bail application by the Chief Sessions Court in Thiruvananthapuram, Mamkuthathil approached the High Court. Notably, he has been on the run for ten consecutive days.
Details of the Allegations
The Chief Sessions Court in Thiruvananthapuram dismissed Mamkuthathil's request for anticipatory bail in the alleged rape case. The police initiated proceedings based on a woman's complaint, which includes accusations of sexual harassment, rape under the pretense of marriage, and forced abortion. Initially filed at the Nedumangad Valiyamala police station, the FIR was later transferred to the Nemom police station, as the alleged incidents occurred within its jurisdiction.
Legal Framework of the Case
This case falls under eight non-bailable sections of the Indian Penal Code (IPC) 2023, including Section 64 for rape, Section 64(2) for repeated rape of the same woman, and Section 64(F) for rape by a trusted person. It also includes Section 64(H) for rape knowing the woman is pregnant, and Section 64(M) for repeated rape of the same woman. Additionally, it encompasses Section 89 of the IPC for abortion without the woman's consent, Section 316 for criminal breach of trust, and Section 68(E) of the Information Technology Act concerning the transmission of objectionable digital content.