Sessions court grants bail to MLA Rahul Mamkootathil in third rape case

A sessions court in Kerala's Pathanamthitta district on Wednesday granted bail to expelled Congress leader and Palakkad MLA Rahul Mamkootathil in connection with a third rape case registered against him recently. [Rahul Mamkootathil v State represented by Deputy Police Superintendent]..Principal District and Sessions Judge N Harikumar passed the bail order.Mamkootathil had approached the sessions court after his bail application was dismissed last week by a magistrate court. At the time, the magistrate judge had reasoned that a prima facie case of rape was made out against him.Today, the sessions court opined that Mamkootathil can be released on bail. It noted that there was a delay in the filing of the complaint. The sessions judge also found that there was continued communication between Mamkootathil and the complainant even after the alleged rape, adding that a full-fledged trial was required to discern the actual nature of their relationship.The sessions court opined that there were minimal chances of Mamkootathil intimidating the complainant since she is overseas. It also noted that Mamkootathil has been in jail for over 18 days, that he has already been interrogated in custody and that the collection of evidence in this case has been substantially completed. The sessions court further noted that Mamkootathil had complied with all the conditions earlier imposed on him when he was granted anticipatory bail in another case involving similar allegations of rape. The court added that it was unlikely that Mamkootathil, being a public figure, would abscond."Furthermore, the petitioner being a prominent political leader and an elected Member of the Legislative Assembly, there is no likelihood of his absconding or evading the process of law. Considering the above, this court is of the view that, prolonged detention of the petitioner is unnecessary for the purpose of completing the investigation," the court's order said..Mamkootathil was arrested by the police on January 11, 2026 from a hotel in Palakkad in connection with a rape case registered on a Thiruvalla-based woman's complaint alleging him of sexually assaulting her in 2024.As per the prosecution, Mamkootathil befriended the complainant through social media and later, under the pretext of having a private conversation, induced her to book a hotel room.It was alleged that he forcibly performed penetrative sexual intercourse with the woman, compelled her to perform oral sex and even assaulted her by slapping and poking her face.As a result of the intercourse, the complainant got pregnant and later suffered a miscarriage.The MLA denied the allegations, stating that his relationship with the complainant was consensual and that he was unaware that the woman was already 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.Mamkootathil's counsel further contended that the First Information Report (FIR) had procedural irregularities and that the essential ingredients of rape were not attracted, even if the allegations were taken at face value.It was also argued that the grounds of arrest were not communicated to Mamkootathil properly, violating the statutory safeguards in place for the accused.Moreover, his counsel referred to WhatsApp messages and other transactions between the Mamkootathil and the complainant to argue that the two continued having cordial communications even after the alleged sexual assault. These circumstances indicated a consensual relationship, Mamkootathil's lawyers told the court..Following his arrest on January 11, Mamkootathil 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 magistrate court rejected his bail plea on January 17. Mamkootthil's appeal against this decision has been allowed today, with the sessions court granting him bail..Mamkootathil faces three sexual assault cases.In the first rape case, the Kerala High Court recently stayed his arrest and in the second rape case, a sessions court in Thiruvananthapuram granted him anticipatory bail. Mamkootathil's bail plea in the first rape case is slated to be heard later today by the High Court..The Congress party had initially suspended his membership in August last year after allegations of sexual misconduct arose against him. 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.