2nd sexual assault case: Court declines protection from arrest to Cong MLA Mamkootathil

Thiruvananthapuram, Dec 6 The Thiruvananthapuram District Sessions Court on Saturday declined to grant interim protection from arrest to Congress MLA Rahul Mamkootathil in the second sexual assault case filed against him, while scheduling his anticipatory bail plea for a detailed hearing on Monday.

The MLA had moved the court seeking an order restraining the police from arresting him, arguing that the complaint was politically motivated and timed to coincide with the upcoming local body elections.

His counsel contended that the FIR provided no clarity on the complainant's identity or the location of the alleged incident, and that even the email through which the complaint was submitted lacked essential details.

The defence maintained that the case carried "political weight" and urged the court to prevent his arrest until all aspects were examined.

They argued that the complaint was filed "without any description of events" and at a time when the political atmosphere was charged.

However, the prosecution strongly opposed the plea.

Pointing out that it was the president of Mamkootathil's own political party who had forwarded the complaint directly to the DGP.

The prosecution argued that the court should not grant a protective order without scrutinising the complainant's statement and the police report.

The court has indicated that it will conduct an extensive hearing of both sides before taking a final decision.

This development comes hours after the Kerala High Court granted protection from arrest to Mamkootathil in the first sexual assault case, prompting him to move for anticipatory bail in the second one as well.

The first case, where the allegation involves sexual exploitation under the guise of a marriage promise, will be taken up again by the High Court on December 15.

The court has sought reports from the Special Investigation Team and the police.

The second complaint alleges that Mamkootathil, along with his friend, transported the woman to a home stay and sexually assaulted her.

The complainant further stated that she refrained from approaching the police earlier due to fear.

Incidentally, Mamkootathil has been on the run for the past 10 days, and with the Court here not granting him immunity from arrest in the second case, he is likely to continue evading arrest.

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