Congress MLA Rahul Mamkootathil moves Kerala court seeking anticipatory bail in rape case

Member of Legislative Assembly (MLA) Rahul Mamkootathil on Friday moved the Thiruvananthapuram Sessions Court seeking anticipatory bail in a rape case filed against him by the Nemom Police.

The Congress party had suspended his membership in August this year after allegations of sexual misconduct were made against him by several women. Mamkootathil also resigned from his position as Youth Congress Chief.

The first information report (FIR) in the present rape case was registered by the police after the survivor woman and her family met Chief Minister Pinarayi Vijayan at the Secretariat on November 27 and handed over a written complaint.

Mamkootathil has been booked under various Sections Bharatiya Nyaya Sanhita (BNS) which penalise including rape, causing miscarriage and criminal breach of trust. He has also been booked under the provisions of the Information Technology Act.

According to the complainant, Mamkootathil raped her, got her pregnant, and forced her to have an abortion. She also alleged that Mamkootathil recorded private moments with her and later threatened to release it.

In his petition, Mamkootathil has asserted that the allegations against him are false, frivolous and politically motivated. He has claimed that the complaint was filed after he emerged as a vocal opposition MLA and a young leader and that there were no such complaints before his rise.

While he admits in the petition that he had physical relationship with the complainant, it was consensual, he has claimed.

According to the plea,

"Regarding the alleged offence, the offence U/s. 64 will not be attracted as the relation between the petitioner and the victim was consensual. The chats and phone call recordings between the parties will support this. The victim also admits that the relation was consensual which was the reason for her to visit the petitioner in multiple places."

Pertinently, he has also alleged that the complainant is married to a BJP member and is cohabiting with him. That coupled with the fact that she worked with a media organisation made it clear that that the complaint was filed with political motivations.

Mamkootathil has also alleged that this was an effort by the Left government to distract public from the ongoing controversy surrounding gold theft from Sabarimala temple.

On these grounds and asserting that his custodial interrogation is not necessary in the case, Mamkootathil has sought anticipatory bail from the Sessions Court.