The Kerala High Court is hearing the anticipatory bail plea of Rahul Mamkootathil, a Congress MLA, in a case involving serious allegations of sexual assault. The case arises from complaints by a woman who has accused him of repeatedly raping her, coercing her into terminating a pregnancy, and subjecting her to threats and intimidation. He has been named as the first accused, with charges filed under multiple provisions, including those related to rape, causing miscarriage without consent, criminal breach of trust, intimidation, and offences under the Information Technology Act for alleged violation of privacy.
Following the filing of the complaint, Rahul Mamkootathil approached the Principal District and Sessions Court in Thiruvananthapuram seeking anticipatory bail, which would prevent his arrest during the investigation. His counsel argued that the relationship was consensual, that the allegations were politically motivated, and that the woman had consented to the abortion. They submitted digital records and claimed that a conspiracy had been orchestrated to damage his reputation, challenging the credibility of the complaint.
During the proceedings, the prosecution submitted medical reports, hospital records documenting complications following the alleged abortion, statements from treating doctors, WhatsApp chat records, and preliminary forensic analyses of audio recordings. The court observed that these materials constituted a prima facie case, indicating the need for custodial interrogation and a thorough investigation. The prosecution further argued that granting bail could lead to tampering with evidence, influencing witnesses, or obstructing the investigative process.
On December 4, the Sessions Court rejected the anticipatory bail application. The court reasoned that given the gravity of the charges, which included repeated sexual assault, coercion, and exploitation of trust, custodial interrogation was necessary. It also dismissed an interim plea seeking protection from arrest, emphasizing that bail at this stage could impede the investigation and compromise justice.
Following the Sessions Court’s decision, Rahul Mamkootathil was expelled from the Kerala Pradesh Congress Committee due to the seriousness of the allegations and the ongoing investigations. He subsequently filed an appeal in the Kerala High Court challenging the rejection of his anticipatory bail and seeking relief from potential arrest.
This case has drawn widespread attention due to the nature of the allegations, the political position of the accused, and the inclusion of medical and digital evidence. The High Court’s consideration of the anticipatory bail plea will determine whether Rahul Mamkootathil can avoid arrest while the investigation proceeds or whether custodial interrogation will be required. The proceedings highlight significant issues regarding consent, misuse of authority, alleged coercion, and the role of digital evidence in contemporary criminal investigations.
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