Kochi, Jan 7 (IANS) The Kerala High Court on Wednesday extended the interim order staying the arrest of Palakkad MLA Rahul Mamkoottathil in a rape case till January 21, while deferring a final decision on his plea for anticipatory bail.
The court said it would hear detailed arguments on the matter on that day before taking a call on whether the legislator should be granted pre-arrest protection.
During the hearing, the High Court allowed the complainant to be impleaded as a party in the anticipatory bail petition filed by the now expelled Congress MLA.
The complainant had approached the court seeking to be added as a respondent in what has been described as the first rape case registered against the MLA.
Accepting the request, the court observed that the complainant was a necessary party for the effective adjudication of the bail plea.
The court granted the complainant two weeks to file a counter-affidavit responding to the submissions made by Mamkoottathil in his anticipatory bail application.
The matter has been posted to January 21 for a detailed hearing, following which the court is expected to pass orders on the bail plea.
The interim stay on arrest, which was earlier granted to enable the court to consider the merits of the anticipatory bail petition, will continue to remain in force until then.
The court made it clear that no coercive steps should be taken against the MLA during this period.
The case has attracted considerable attention in political and legal circles, given Mamkoottathil’s status as a sitting MLA from Palakkad.
The anticipatory bail plea is being closely watched as it could have wider political ramifications, particularly in the run-up to key political developments in the state.
With the complainant now formally made a party to the proceedings, the High Court is expected to hear comprehensive arguments from both sides on the allegations, the maintainability of the anticipatory bail plea, and the scope of interim protection granted to the accused.
A final decision is likely after the detailed hearing scheduled for January 21.
Incidentally, he has got pre-arrest bail from a court in the state capital in another similar case.
Mamkoottathil was expelled from the Congress when the second case surfaced against him.
–IANS
sg/svn
