Kerala Court Grants Pre-Arrest Bail To MLA Rahul Mamkootathil's Co-Accused In Rape & Miscarriage Case

The Sessions Court, Thiruvananthapuram on Saturday (January 3) granted anticipatory bail to the co-accused in rape and forced miscarriage case against MLA Rahul Mamkootathil. 

Smt. Nazeera S., Principal District and Sessions Judge, allowed the plea of 2nd accused, Joby Joseph.

The prosecution allegation was that Mamkootathil befriended the victim through social media while she was living separately from her husband and offered her psychological support, promising a lasting relationship. It is also alleged that Mamkootathil convinced the victim to have a child with him and forcefully had sexual intercourse with her, with an intention of impregnating her. Thereafter, he took her nude videos and threatened her, it is alleged.

It is further alleged that he committed rape on her even after she became pregnant and compelled her to have an abortion by making her take abortion pills, which were handed over by Mamkootathil's friend Joby, the 2nd accused in the case.

They are accused of the offences under the Sections 64(2)(f), 64(2)(h), 64(2)(m) [Rape], 89 [Causing miscarriage without woman's consent], 115(2) [Voluntarily causing hurt], 351(3) [Criminal intimidation], 3(5) of the Bharatiya Nyaya Sanhita and Section 66(E) of the Information Technology Act [Punishment for violation of privacy].

The Court noted that Joby was only acting as per the instructions of Mamkootathil and that there was no prima facie material to show that Joby had knowledge regarding the victim's reluctance to take the medicine for terminating the pregnancy.

"The role of the petitioner in the offence alleged is a matter of evidence. It would be a travesty of justice if the petitioner is put behind the bars if actually no offence as alleged was committed by him. No criminal antecedents of the petitioner is brought to the notice of this court," the Court observed, granting him pre-arrest bail on conditions.

The Court had earlier denied Mamkootathil anticipatory bail in the same offence. He had then approached the High Court, which has granted him interim protection from arrest.

Case No: Crl.M.C. No. 3660/2025

Case Title: Joby Joseph v. State of Kerala

Counsel for the applicant: Sekhar G. Thampi

Counsel for the respondent: Dr. T. Geenakumary - Public Prosecutor

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