Kerala High Court Stays Order Directing MLA Rahul Mamkootathil To Provide His Mobile Phone Passcodes To Investigating Officer

The Kerala High Court on Wednesday (March 11) stayed the order of the Judicial First Class Magistrate Court, Thiruvalla that directed Palakkad MLA Rahul Mamkootathil to submit the passcode of his mobile phone, which was seized by the investigating officer in the third rape case alleged against him.Justice C. Jayachandran passed the interim order granting stay after hearing the arguments advanced by Senior Advocate Sasthamangalam S. Ajithkumar, who represented Mamkootathil.According to the prosecution, when the MLA was arrested in relation to the third rape case alleged against him, two mobile phones were seized from him and were sent to the forensic laboratory for examination. The Director of the lab filed a report stating that both the mobile phones were secured with user - defined passcodes and therefore, the user data being cryptographically protected was technically inaccessible. Thereafter, a petition was filed by the prosecution before the Magistrate Court, Thiruvalla for a direction to Mamkootathil to furnish the passwords of the mobile phones recovered from him. Mamkootathil opposed the petition and argued that the same would violate his right to privacy as laid down by the Apex Court decision in Justice K.S. Puttaswamy (Retd.), and Anr. v. Union of India and Ors. and the fundamental right against self-incrimination guaranteed under Article 20(3) of the Constitution. The Magistrate had allowed the petition and directed Mamkootathil to provide the passcodes, observing that the same was necessary for a just and fair investigation in the case.The present complaint against Mamkootathil is made by an NRI woman, who alleged that the incident took place in 2024 in a hotel room in Thiruvalla. She alleged that Mamkootathil befriended her on social media and later, forced her to book a hotel room where he committed rape on her. She has also stated that she became pregnant as a result of the rape and suffered a miscarriage as well.He was arrested by the police on January 11 following which he moved the Magistrate Court for bail. The Magistrate granted three days' custody to the police for interrogating the MLA. However, the Magistrate denied him bail, noting his antecedents in previous cases and, the probability of influencing witnesses and tampering with evidence. Later, on January 28, Mamkootathil was granted bail in the case by the District and Sessions Court, Pathanamthitta.The petition is moved by Advocates Sasthamangalam S. Ajithkumar, Sreejith S. Nair, Satheesh Mohanan, Mahima.Case No: Crl.M.C. No. 1756/2026Case Title: Rahul Mamkootathil v. State of KeralaClick to Read/Download Interim OrderClick to Read/Download Order of the Magistrate

Kerala High Court Stays Order Directing MLA Rahul Mamkootathil To Provide His Mobile Phone Passcodes To Investigating Officer

K. Salma Jennath

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