Rahul Mamkootathil

| Photo Credit: K K Mustafah

The Principal Sessions and District Judge, Thiruvananthapuram, S. Nazeera, on Wednesday granted anticipatory bail to Palakkad MLA Rahul Mamkootathil in a case concerning the alleged rape of a 21-year-old woman after “inviting her to a homestay to discuss prospective marriage” in 2023.Ms. Nazeera said the material on hand had constrained her to take a “sceptical” view of the allegations against Mr. Mamkootathil.The court noted that the prosecution failed to produce any incriminating “prima facie material” against the accused. The judge said that implicating Mr. Mamkootathil in the case “without prima facie material” was tantamount to “a travesty of justice”. The court noted that the Crime Branch had recorded the victim’s statement after registering a First Information Report (FIR). The court did not rule out the possibility of the victim filing the complaint “under pressure”.The court noted that the victim chose to report to the Kerala Pradesh Congress Committee president rather than file a direct complaint with the police. Moreover, the original petition centres more on the demand that the party remove the MLA from positions warranting contact with women and children.The court noted that the prosecution could not justify the two-year delay in filing the complaint, despite the woman stating in her complaint to the KPCC chief that the Crime Branch “possessed her details”. The judge said that the victim told the police that she had desisted from seeking Mr. Mamkootathil’s prosecution under the belief that he would marry her.Moreover, the prosecution has no case that the accused obtained sexual consent through deception. Ms. Nazeera noted that the allegation that Mr. Mamkootathil had forcible intercourse with the survivor was a “matter of evidence”.The court noted that the digital evidence placed on record indicated online private communications between the alleged complainant and the accused after the alleged rape, signalling the existence of a “love relationship or a non-committed relationship”.Quoting various High Court judgments, Ms. Nazeera stated that the accused qualifies for anticipatory bail if “the proposed accusation appears to stem from ulterior motives, including injuring and humiliating the applicant by having him arrested, other than those furthering the ends of justice”.The court ordered Mr. Mamkootathil to provide two solvent sureties and to execute a bond for ₹50,000. It also directed the MLA to appear before the investigating officer between 10 a.m. and 1 a.m. on all Mondays for the next three months, or until the police file the final report.Mr. Mamkootathil should not commit any offence on bail or contact the survivor or any witness, directly or indirectly. The MLA should present himself to the Investigating Officer whenever summonedThe court held that pre-arrest bail was deeemed custody and the accused should make himself available for interrogation and recovery. The court said the Crime Branch could approach the jurisdictional magistrate to cancel the bail if the accused violated the conditions set. Published - December 10, 2025 03:34 pm IST