Rape & Miscarriage Case: Victim Files Objections In Kerala High Court Opposing MLA Rahul Mamkootathil's Bail

The victim/de facto complainant in the first rape case filed against Palakkad MLA Rahul Mamkootathil has filed detailed objections before the Kerala High Court, opposing his anticipatory bail plea.

Dr. Justice Kauser Edappagath has posted the matter for next Wednesday (January 28), to conduct a detailed hearing. Meanwhile, the Court has extended its interim order granting the MLA protection from arrest. Nonetheless, Rahul remains in judicial custody following his arrest in the third rape case.

Advocate S. Rajeev appearing for Mamkootathil submitted that while arguing for pre-arrest bail, he would also like to make some submissions regarding the MLA's arrest in the third case.

Mamkootathil is arrayed as the 1st accused in the crime registered by the Nemom Police and is 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].

In her objection, the de facto complainant has narrated various instances of cruelty and sexual violence that Mamkootathil allegedly had subjected her to. She has produced, in a sealed cover, photographs of the injury inflicted on her. She has further claimed that Mamkootathil took her nude video and threatened to leak it.

It is further stated that Mamkootathil intended for her to conceive his child and when she later did, he forced her to terminate it using an abortion pill. She has stated that Mamkootathil resorted to threats of suicide and forcibly made her terminate the pregnancy. She has also reproduced a transcript of the telephone conversation and produced the chats between them.

She has stated severe and ongoing threats to her personal safety, privacy and leakage of the video allegedly taken by Mamkootathil. She has argued that there is every chance of tampering and withholding of evidence, intimidation of witnesses and interference in the investigation if Mamkootathil is released on bail. She further referred to subsequent FIRs against the MLA, arguing that it shows him to be a 'serial offender'.

Earlier, the Court had granted Mamkootathil interim protection from arrest in this case. His anticipatory bail plea before the Sessions Court was dismissed but the Sessions Court had granted pre-arrest bail to his co-accused, who is alleged to have supplied the abortion pill to the complainant.

In the second case accusing him of rape, Mamkootathil was granted pre-arrest bail by the Sessions Court. Following this, the State has moved the High Court seeking to cancel the bail granted.

Presently, Mamkootathil is under judicial custody after being arrested in another rape case. His bail plea in the third rape case was dismissed by the Magistrate Court, Thiruvalla and he has approached the Sessions Court, Pathanamthitta seeking regular bail. The Sessions Court is to hear the plea tomorrow (January 22).

The petition is moved by Advocates S. Rajeev, V. Vinay, M.S. Aneer, Sarath K.P., Anilkumar C.R., K.S. Kiran Krishnan, Dipa V., Akash Cherian Thomas, Azad Sunil, Maheswar P., T.P. Aravind, and Akshara S.

Advocates V. John Sebastian Ralph, Vishnu Chandran, Ralph Reti John, Giridhar Krishna Kumar, Geethu T.A., Mary Greeshma, Liz Johny, Krishnapriya Sreekumar, Abhijith P.S., and Devika Manoj are appearing for the complainant.

Case No: Bail Appl. 14427/2025

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