Kerala High Court Grants Time To MLA Rahul Mamkootathil To Object To State's Plea Seeking Cancellation Of His Pre-Arrest Bail In Rape Case

The Kerala government has moved the High Court challenging the pre-arrest bail granted by the Thiruvananthapuram Sessions Court to Palakkad MLA Rahul Mamkootathil in the second rape case alleged against him.

When the matter came up for consideration today (December 15), Justice Viju Abraham granted time to Mamkootathil's counsel to file objections against the state's plea and posted the matter after winter vacation.

Mamkootathil is accused of the offence under Section 376 of the Indian Penal Code before the Crime Branch police station. The victim is alleged to be residing outside Kerala.

The prosecution allegation was that in 2023, Mamkootathil got the victim's number on Telegram app and contacted her, giving false assurances of marrying her. Further, it is alleged that Mamkootathil asked her to meet him privately and took her to a homestay-like building on the pretext of discussing their future plans. The allegation is that he assaulted and raped her there, despite clear resistance from her side.

Further, it is alleged that the forceful sexual intercourse resulted in the victim having severe panic attack, struggling to breath and several injuries on her body.

It is alleged that the victim sent an email complaining against Mamkootathil to the Kerala Pradesh Congress Committee and the same was forwarded to the State Police Chief. The complaint was then forwarded to the Crime Branch and led to the registration of the present case.

After the Sessions Court granted him anticipatory bail, the state government has approached the High Court seeking to set aside the order.

"The finding of the learned Sessions Court that there is no prima facie material to connect the accused with the alleged offence is wholly erroneous and contrary to the facts and circumstances of the case. The Court failed to properly consider the victim's detailed statement before the Police, the contents of the FIR, and the materials collected during the preliminary stage of investigation, all of which clearly disclose prima facie involvement of the respondent/accused in the commission of the offence," states the plea.

Mamkootathil is also arrayed as the 1st accused in another case wherein he is alleged to have committed the offence of rape and forcible miscarriage. After the Sessions Court denied him pre-arrest bail, he had approached the High Court in which he has been granted interim protection from arrest.

Case No: Crl.M.C. No. 11309/ 2025

Case Title: State of Kerala v. Rahul B.R.