Kerala CM says HC interim protection to Rahul Mamkootathil natural court procedure

Thrissur (Kerala), Dec 6 (PTI) Kerala Chief Minister Pinarayi Vijayan on Saturday called the high court's interim protection to expelled Congress MLA Rahul Mamkootathil from arrest in a rape and forced abortion case as "natural" and standard procedure.

He also noted that when an anticipatory bail application is pending in the court, there is no legal bar to arresting someone.

But the practice in Kerala is to wait for the court's decision on the plea, the CM told reporters here.

"Now, he has approached the High Court with an anticipatory bail plea. The court has accepted it and posted the case for hearing on a date. This is usually the practice in our state," he said.

But, the court has specifically mentioned that no arrest should be made, the Chief Minister said adding that it was natural and part of the procedure.

He accused the Congress of actively sheltering Mamkootathil, from the police.

Vijayan alleged that the expelled party MLA, whom he called a person of "criminal character", has managed to remain in hiding as the Congress is providing him political support and a safety net to evade the police who have been searching for him in the past few days.

Earlier in the day, the Kerala High Court gave interim protection from arrest to Mamkootathil in a case of rape and forced abortion against him.

Justice K Babu said the court will hear Mamkootathil's anticipatory bail plea on December 15 and till then he should not be arrested.

Barely an hour after the HC granted him interim protection, the MLA sought anticipatory bail in a sessions court in Thiruvananthapuram in the second case of sexual assault registered against him.

The MLA's lawyer, advocate Ajithkumar (Sasthamangalam), said that an anticipatory bail was moved in the sessions court here during the day along with an application seeking that police should not proceed with his arrest in view of the High Court order.

A sessions court in Thiruvananthapuram had on Thursday rejected his plea for anticipatory bail in the first case of rape and forced abortion registered against him last week.

The second rape case was lodged against him on Wednesday based on the complaint of a second woman, a resident of Bengaluru.

Mamkootathil has been absconding since the registration of the first rape case against him.

He was expelled from the Congress on December 4 after his anticipatory bail plea was dismissed by the sessions court. PTI LGK ROH