Rahul Mamkootathil gets time to challenge state’s plea against his bail as HC defers hearing

Kochi: The Kerala High Court has deferred the hearing in the state government’s petition challenging the pre-arrest bail granted by the Thiruvananthapuram Sessions Court to Palakkad MLA Rahul Mamkootathil in the second rape case. When the matter came up for consideration on Monday (December 15), Justice Viju Abraham granted time to Mamkootathil’s counsel to file objections to the state’s plea and posted the matter for hearing after the winter vacation.

Mamkootathil is accused of an offence under Section 376 of the Indian Penal Code, which deals with punishment for rape. A Special Investigation Team (SIT) of the Crime Branch is probing the case. According to the prosecution, the Palakkad MLA allegedly took the victim to a homestay and raped her in 2023.

As per the case, Mamkootathil obtained the victim’s phone number through the Telegram app and contacted her by giving false assurances of marriage. It is further alleged that he 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 sexually assaulted and raped her there, despite clear resistance from her.

It is also alleged that the forceful sex resulted in the victim suffering a severe panic attack, breathing difficulties, and multiple injuries. The incident came to light after the victim sent an email complaint against Mamkootathil to the Kerala Pradesh Congress Committee, which was forwarded to the State Police Chief. The complaint was subsequently handed over to the Crime Branch, leading to the registration of the present case.

After the Sessions Court granted anticipatory bail to Mamkootathil, the state government 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 to the police, the contents of the FIR, and the materials collected during the preliminary stage of investigation, all of which clearly disclose the prima facie involvement of the respondent/accused in the commission of the offence,” the plea states.

Mamkootathil is also arrayed as the first accused in another case in which he is alleged to have committed rape and forcible miscarriage. After the Sessions Court denied him pre-arrest bail in that case, he approached the High Court, which granted him interim protection from arrest.
(With inputs from Live Law)