Kerala court denies bail to MLA Rahul Mamkootathil in third rape case

A Kerala court on Saturday dismissed the bail application filed by expelled Congress leader and Palakkad MLA Rahul Mamkootathil in connection with a third rape case filed against him recently [Rahul Mamkootathil v State represented by Deputy Police Superintendent]..Thiruvalla Judicial First Class Magistrate Court Judge Arundhanthi Dileep passed the order today after finding that a prima facie case of rape was made out against the accused."The statement of the victim does not in any manner prima facie indicates a consensual relationship as alleged by the petitioner. The allegations levelled against the petitioner are serious and grave. From the materials on record, I am satisfied that prima facie ingredients of the offence of rape is made out," the court said.The court also factored in that Mamkootathil is a sitting MLA and there is a likelihood that witnesses in the case could be influenced if he is released on bail."The petitioner is a sitting MLA. The allegations levelled against him is serious and grave. Also, the petitioner is having similar antecedents. There is also every chance of witnesses being threatened or influenced, evidence being tampered and investigation being hampered. Therefore this is not a fit case to exercise the discretionary jurisdiction of this Court u/s. 480 of BNSS. In the result, the petition is dismissed," the order reads. .Mamkootathil was arrested by the police on January 11, Sunday from a hotel in Palakkad in connection with a rape case registered on a Thiruvalla-based woman's complaint that he sexually assaulted her in 2024.The MLA has denied the allegations, maintaining that his relationship with the complainant was consensual and that he was unaware that the woman was married.He further added that he immediately terminated his relationship with the complainant after he came to know about her marital status. He has argued that the entire case was intended to tarnish his public image.Following his weekend arrest, he was produced before the trial court for remand, where the police sought his custody for interrogation. He was remanded to three days of police custody, which ended on the evening of January 15.The trial court heard arguments on his bail application on January 16, Friday, in-camera before dismissing the bail plea today..With the latest case, Mamkootathil now faces three sexual assault cases.In one rape case, a sessions court in Thiruvananthapuram had earlier allowed his plea for anticipatory bail. Later, the Kerala High Court stayed his arrest in a second rape case until January 21.The Congress party had initially suspended his membership in August last year after such allegations of sexual misconduct arose.Mamkootathil also resigned from his position as Youth Congress Chief. Later, he was expelled from the Congress Party.However, he continues to be MLA representing the Palakkad constituency.Senior counsel Sasthamangalam Ajithkumar along with advocate Sekhar G Thampi appeared for Mamkootathil..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.