State moves Kerala High Court against anticipatory bail to MLA Rahul Mamkootathil in second rape case

The Kerala government on Thursday moved the Kerala High Court challenging the order of a trial court granting 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]

Mamkootathil was granted anticipatory bail yesterday by Thiruvananthapuram Sessions Court District and Sessions Judge Nazeera S.

The same judge had earlier dismissed Mamkootathil's plea for anticipatory bail in relation to another rape case filed against him.

According to the State's appeal, the sessions court failed to consider crucial materials such as the FIR and the survivor's statement, which disclosed allegations of forceful and non-consensual sexual intercourse.

These elements prima facie show the involvement of the accused in the alleged offence of rape punishable under Section 376 of the Indian Penal Code, the plea said.

The plea also took objection to the session court doubting the allegations due to a two-year delay in filing the complaint and minor inconsistencies between the survivor's complaint and the statement recorded by the police.

The State pointed out that delays in filing complaints related to sexual assault was natural as victims of sexual assault often chose indirect or informal channels for registering a complain, due to fear, stigma and privacy concerns.

As per the petition,

"The Hon'ble Supreme Court has consistently held that victims of sexual assault often hesitate to immediately approach the police due to trauma, fear, shock, social stigma, and pressure, and such delay does not, in any manner, diminish the credibility of the victim at the bail stage."

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. Mamkootathil is accused of raping the complainant 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.

In his plea before the Sessions Court, Mamkootathil claimed that the allegations were false and politically motivated. He contended that there was no material evidence to substantiate the allegations and that the entire case was intended to tarnish his public standing.

The Congress party had suspended Mamkootathil's 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 an MLA representing Palakkad constituency.

The Kerala High Court had last week stayed his arrest in the another rape case filed by a journalist.