Kerala Court grants anticipatory bail to MLA Rahul Mamkootathil in second rape case

A Kerala Court on Wednesday granted anticipatory bail to Member of Legislative Assembly (MLA) Rahul Mamkootathil in the second rape case registered against him. [Rahul BR @Rahul Mamkootathil v. State of Kerala].Thiruvananthapuram Sessions Court District and Sessions Judge Nazeera S passed the order allowing the plea for anticipatory bail filed by Mamkootathil.The court had earlier dismissed Mamkootathil's plea for anticipatory bail in relation to another rape case filed against him..The allegations against Rahul Mamkootathil arose from a complaint forwarded by Sunny Joseph, the President of the Kerala Pradesh Congress Committee (KPCC) to the State Police Chief, based on an email sent by the complainant, accusing Mamkootathil of raping her in 2023 after inviting her to a resort under the pretext of discussing a potential marriage proposal.She stated in her complaint that Mamkootathil obtained her Telegram contact, persuaded her to meet him under the pretext of discussing future plans, and later took her to an isolated homestay along with a friend. There, he allegedly assaulted and raped her resulting in several injuries on her body.The Crime Branch subsequently registered the rape case based on the complaint forwarded by KPCC President and initiated investigation. Mamkoothathil in his plea claimed that the allegations are false, politically motivated. He contended that there is no material evidence to substantiate the allegations and that the entire case was intended to tarnish his public standing.He further pointed out that there was a delay of nearly two years in reporting the incident to any law enforcement authority. "It is submitted that there is a delay of two years in reporting the offence. Even now, the defacto complainant has not made any complaint to any law enforcing authorities. She stated vague reasons in the in Exhibit P2 for that. If the allegation is genuine, the defacto complainant has the opportunity to approach the police instead of approaching the KPCC, President," the plea stated.Mamkootathil also questioned the credibility of the complaint, stating that the email did not disclose essential information such as the exact date, place of occurrence, or even the identity of the complainant.Assuring the court that he is willing to cooperate fully with the investigation and would abide by any conditions imposed.Mamkootathil further contends that custodial interrogation was unnecessary and that his arrest would cause irreparable damage to his reputation and political career.The Congress party had suspended his membership in August this year after allegations of sexual misconduct were made against him by several women. Mamkootathil had also resigned from his position as Youth Congress Chief. Last week, he was expelled from the Congress Party. However, he continues to be MLA representing Palakkad constituency.The Kerala High Court last week stayed his arrest in the first rape case. .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.