The Kerala government has moved the High Court challenging the anticipatory bail granted to expelled Congress legislator Rahul Mamkootathil in the second sexual assault case. The development comes on a day former Congress leader came out of hiding to vote in local body polls at Palakkad.
In its petition, the state government challenged the anticipatory bail granted to the former Congress leader by the Thiruvananthapuram District and Principal Sessions Court and argued that the bench failed to appreciate the facts of the case. In the second case, Mamkootathil is alleged of sexually assaulting a young woman in 2023 under the false pretext of marriage.
In its petition, the Kerala government said the sessions court failed to appreciate the gravity of the allegations, the seriousness of the offence under Section 376 (rape) of the IPC, and the materials collected during the investigation, all of which prima facie establish the involvement of the accused. "The court failed to properly consider the victim's detailed statement before the police, the contents of the FIR, and the material collected during the preliminary stage of investigation," the petition said.
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The second case was registered after the petition, sent to the Kerala Congress chief, was forwarded to the Kerala police. The Crime Branch then registered a case and began investigation. The former Congress leader is also facing charges for alleged sexual assault and forced abortion in another case.
Interestingly, Mamkootathil emerged out of hiding on Thursday to vote in Kerala local body polls. Mamkootathil voted in Palakkad, and responding to mediapersons, he said, "What I have to say, what is said against me, all that is before the court. The court will take a decision. The truth will win, I am confident about that."