Congress MLA Rahul Mamkootathil Moves Kerala Court For Pre-Arrest Bail In Rape, Miscarriage Case

Rahul Mamkootathil, Member of Legislative Assembly from Palakkad constituency, has moved the Sessions Court in Thiruvananthapuram district seeking anticipatory bail in a rape and miscarriage case.

The former Youth Congress president is arrayed as the sole 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].

As per the prosecution allegation, Mamkootathil subjected the victim to forcible sexual intercourse and caused her to become pregnant, which he has criminally intimidated her to terminate. It is further alleged that he recorded private videos of her without her consent and used it to threaten her.

In the plea, it is stated that the victim has filed a complaint before the Chief Minister yesterday and the same was immediately forwarded to the Crime Branch. Subsequently, the Nemom police registered a crime.

He has stated that the crime was registered only due to political rivalry and that the sexual intercourse between him and the victim was consensual.

"It is pertinent to note that the victim was recording every moments of their relation. She recorded the chats, voice calls, etc. This was done was part of a political conspiracy to tarnish the image of the petitioner. The victim initially leaked this voice clips and chats to the media instead of filing a police complaint which led to a media trial," stays the plea.

Mamkootathil has further claimed that the present complaint was an attempt by the political party in power to divert the attention of the public from the sensational Sabarimala Gold theft case in which several leaders have been arraigned.

He has denied the allegation that he caused the victim's pregnancy. Further, it is submitted that the victim herself took the pills for miscarriage and not at his insistence.

He has made an argument that since the victim was a married woman, the liability is on her husband, who is a BJP member. He says this going by the presumption created under Section 116 of the Bharatiya Sakshyam Adhinayam. 

In the plea, he has agreed to cooperate with the investigation and not tamper with any evidence.

The bail plea is moved by Advocate Sekhar G. Thampi.

Case No: Crl.M.C. No. 3585/ 2025

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