'Don't Leave Kerala': Court Grants Anticipatory Bail To Rape-Accused Expelled MLA

The Kerala High Court on Thursday granted anticipatory bail to Palakkad MLA and expelled Congress leader Rahul Mamkootathil in a rape and forced abortion case, directing him not to leave Kerala and to strictly cooperate with the ongoing investigation.

Justice Kauser Edappagath allowed the plea after hearing detailed submissions from both sides and imposed multiple conditions, including mandatory appearance before the investigating officer and surrender of his passport.

Strict Bail Conditions

The court ordered Mamkootathil to appear for interrogation on February 16 at 10 am and hand over his mobile phone for forensic examination. Investigators have been permitted to question him for three consecutive days between 10 am and 4 pm.

During this period, he will be treated as being under deemed custody to facilitate investigation procedures, including medical examination if required. If the police decide to arrest him, he must be released on bail upon executing a bond of Rs 1 lakh.

The MLA has been barred from leaving Kerala, instructed not to contact the complainant or prosecution witnesses, and directed to report before the investigating officer on every second Saturday.

Allegations And Case Background

The Nemom police registered the case under provisions of the Bharatiya Nyaya Sanhita relating to rape, causing miscarriage without consent, voluntarily causing hurt and criminal intimidation, along with Section 66(E) of the Information Technology Act for alleged violation of privacy.

According to the prosecution, the complainant alleged that she was subjected to non-consensual sexual relations which resulted in pregnancy and was later pressured into undergoing an abortion. Police also claim that private videos were recorded without consent and used for intimidation.

Earlier Bail In Other Cases

Mamkootathil had earlier secured anticipatory bail in a second rape case and regular bail in a third case, meaning he has now obtained bail in all three sexual assault cases registered against him.

Police had registered the present case based on a complaint alleging rape followed by coercion to terminate pregnancy. The MLA had gone into hiding after the case was filed, and police had launched a 3-state-wide search operation to pick him up. He initially approached the Thiruvananthapuram Sessions Court seeking pre-arrest bail, but after the plea was rejected, he moved the High Court. Interim protection from arrest granted by the High Court allowed him to reappear from hiding while the petition was under consideration.

It was then that the third case was registered against the MLA, and the police made a dramatic move to pick him up from a Palakkad hotel in the dead of the night from his sleep.