Kochi (PTI): The Kerala High Court on Saturday gave interim protection from arrest to expelled Congress MLA Rahul Mamkootathil in a case of rape and forced abortion against him.
Justice K Babu said that it will hear Mamkootathil's anticipatory bail plea on December 15 and till then he should not be arrested.
"Petitioner shall not be arrested during the pendency. Post on December 15, 2025," the court said.
Advocate S Rajeev, appearing for the expelled Congress MLA confirmed the order.
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However, Mamkootathil is accused in a second case of sexual assault.
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.
A second rape case was lodged against him on Wednesday based on the complaint of a second woman, a resident of Bengaluru.
Mamkootathil, who has been absconding since the registration of the first rape case against him, has claimed in his plea in the High Court that he was innocent and his custodial interrogation was not required.
He has also contended that the relationship between him and the first complainant was consensual and when it became strained, a complaint was lodged against him.
The MLA has further claimed that the woman was married, but separated from her husband, and in order to "save her own skin" she disowned their relationship.
In his plea, Mamkootathil has said that he was prepared to explain each and every circumstance of the offences alleged against him and will also cooperate with the probe if he would get an opportunity to appear before the investigating officer without any fear of arrest.
He has also alleged that there is an attempt by the investigation agency to "mislead the facts" and he has got ample documents to establish the same.
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Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
