Kerala High Court Extends Interim Protection from Arrest to Expelled Congress MLA Rahul Mamkootathil

Thiruvananthapuram: The Kerala High Court on Wednesday extended by two weeks the interim protection from arrest granted to expelled Congress MLA Rahul Mamkootathil in a high-profile criminal case concerning allegations of sexual assault and forcing a woman to terminate her pregnancy. The court, presided over by Justice A Badharudeen, listed the matter for further hearing on January 21, 2026, and maintained the interim relief until then.

Mamkootathil, who was expelled from the Congress party on December 4, 2025, is challenging the order of the Thiruvananthapuram Principal District and Sessions Court that had denied him anticipatory bail in the case. The High Court had previously extended interim protection from arrest on December 18, 2025, until January 7, 2026, allowing him temporary relief from police custody.

Background of the Case

The allegations against Mamkootathil involve the purported sexual assault of a woman and coercion leading to the termination of her pregnancy. In his plea before the High Court, Mamkootathil asserted his innocence, claiming that custodial interrogation was unnecessary. He contended that his relationship with the complainant was consensual, and that after the relationship deteriorated, the complainant lodged a complaint against him.

Following the registration of the initial sexual assault and forced abortion case, Mamkootathil had gone into hiding, citing fear of arrest. His return was facilitated by the interim relief granted by the Kerala High Court on December 6, 2025, allowing him to appear in public without immediate threat of police action. Subsequently, he appeared in Palakkad to exercise his voting rights in the local body elections on December 11, 2025, a move that attracted significant public and media attention given the serious nature of the allegations.

Complainant’s Plea and Legal Proceedings

The complainant has also approached the Kerala High Court opposing Mamkootathil’s anticipatory bail petition. She has sought impleadment in the proceedings to ensure that her interests and claims are represented during the consideration of the bail plea. The court will take into account submissions from both sides during the next hearing scheduled for January 21, 2026.

Legal experts note that interim protection from arrest is a procedural mechanism designed to ensure that a petitioner is not taken into custody while the court considers the merits of their plea. It does not amount to exoneration from charges and remains temporary until the court delivers a final order on anticipatory bail.

Political and Public Context

The case has also had political repercussions. Mamkootathil’s expulsion from the Congress party in early December 2025 underscored the party’s attempt to distance itself from a legislator facing serious criminal allegations. The case has attracted widespread media coverage in Kerala, sparking debates over the treatment of accused public representatives, the rights of complainants in sexual assault cases, and the role of anticipatory bail in high-profile criminal matters.

Observers have noted that the case highlights the delicate balance between ensuring that accused individuals can participate in legal and civic processes, such as voting, and the necessity of safeguarding the complainant’s rights and interests.

Next Steps in Legal Proceedings

The Kerala High Court’s extension of interim protection ensures that Mamkootathil will not face arrest until the court hears the matter in detail on January 21, 2026. During the upcoming hearing, the bench is expected to examine arguments from both the MLA’s counsel and the complainant’s representatives regarding the necessity and appropriateness of anticipatory bail in this case.

Legal analysts anticipate that the court will weigh factors such as the severity of allegations, the potential for tampering with evidence or influencing witnesses, and Mamkootathil’s conduct since the registration of the case. The complainant’s plea for impleadment will also allow the court to consider her position directly while evaluating the interim relief previously granted.

Conclusion

The extension of interim protection for Rahul Mamkootathil is a significant development in a case that has drawn attention not only for its legal complexities but also for its political and social implications. While the MLA remains temporarily shielded from arrest, the proceedings continue, reflecting the Kerala judiciary’s role in balancing the rights of an accused with the protection of victims in sensitive criminal matters. The High Court’s next hearing on January 21 is likely to provide further clarity on the future course of action in this high-profile case.

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