Thiruvananthapuram:  The Additional Chief Judicial Magistrate Court on Monday remanded activist Rahul Easwar to 14 days’ custody after dismissing his bail application in a case related to the online defamation of a woman complainant in a sexual assault case involving suspended Congress MLA Rahul Mamkoottathil. Easwar, the fifth accused in the case, is booked under multiple provisions of the Bharatiya Nyaya Sanhita, including sections 72, 75(1)(iv), 79, 351(1) and 351(2), along with section 43 read with 66 of the Information Technology Act. The order was pronounced by Additional Chief Judicial Magistrate Elsa Catherine George.

Opposing bail, the investigating officer argued that YouTube videos of the activist containing sexually coloured remarks had already been recovered. Police said further custodial interrogation was essential to trace additional electronic devices, and warned that Easwar’s release could risk tampering with digital evidence, repeating similar offences, and impeding the ongoing investigation. The prosecution also cited Easwar’s criminal antecedents and noted that the other accused in the case had yet to be arrested.

The defence, meanwhile, contended that notice under section 35(1) (which outlines the conditions under which a police officer can arrest a person without a warrant) was not properly served and argued that the only non-bailable offence invoked, section 75(1)(iv), carries a maximum punishment of one year and should therefore be treated as “deemed bailable”. Counsel also claimed that no material existed to prove that Easwar made sexually coloured remarks and that further custody was unnecessary. To this, the prosecution argued that the remand report clearly recorded the reasons for not issuing a notice under section 35(1) of the BNSS.

Rejecting the defence arguments, the magistrate observed that the prima facie ingredients of the offence under section 75(1)(iv) were evident from the records. Remarks made on social media against a survivor in an ongoing case could not be taken lightly, the court said, adding that the investigation was still at an early stage. The court concluded that granting bail at this point would risk hindering the probe and dismissed the petition.

Thiruvananthapuram Cyber Police arrested Eashwar on Sunday based on the survivor’s complaint. His electronic devices, including his mobile phone and laptop, were inspected as part of the probe. After questioning him for more than three hours, officers recorded his arrest. Easwar has publicly supported Mamkoottathil and maintained that the MLA is innocent since the allegations surfaced.