Kerala HC grants anticipatory bail to expelled MLA Rahul Mamkootathil in 1st of 3 sexual assault cases

KOCHI: The Kerala high court on Thursday granted anticipatory bail to Palakkad MLA Rahul Mamkootathil in the first of three alleged sexual assault cases filed against him, effectively securing his protection from arrest in all the current cases. While granting relief, the high court observed that the allegations, at this stage, did not prima facie establish a case of rape. However, the court imposed stringent conditions on the expelled Congress MLA. As part of the bail conditions, Mamkootathil has been barred from leaving Kerala and directed to surrender his passport and mobile phone to the investigators. The court has also strictly prohibited him from contacting the complainant or attempting to influence any witnesses. The development comes amid multiple legal proceedings against the legislator. On January 28, the Pathanamthitta District Court granted bail to Mamkootathil in an alleged sexual assault case. The court allowed bail on the 18th day of his arrest in connection with what has been described as the third rape case. Earlier, on January 17, the Judicial First Class Magistrate Court in Thiruvalla denied him bail. He had previously secured relief from courts in the first two complaints filed against him but was later arrested and remanded to custody in connection with the third case.

According to the prosecution, the third case stems from allegations that the MLA sexually assaulted a woman after allegedly calling her to a hotel on the promise of marriage. The complaint includes allegations of physical assault, financial exploitation and forced abortion. During earlier proceedings, the bail hearing was conducted in camera following a request by Assistant Public Prosecutor (APP) MG Devi to prevent disclosure of the survivor's identity and details.

The magistrate sought the opinion of the defence counsel, Shasthamangalam Ajith Kumar, on holding the hearing in a closed courtroom, after which the request was accepted. All persons not connected with the case were asked to leave the courtroom. Arguments were heard at length before the court dismissed the bail application at that stage. Meanwhile, in the first sexual assault case, the High Court had stayed Mamkootathil's arrest, while a trial court granted anticipatory bail in the second case. On December 12, the investigation into the first alleged rape case against Mamkootathil was transferred to the State Police Crime Branch following an official order. The case was earlier handled by the Thiruvananthapuram City Police Commissioner. With the transfer, the cases registered against the expelled Congress MLA are now being supervised by Assistant Inspector General of Police Poonguzhali, who was already heading the probe into the second case.