The judicial first class magistrate court in Thiruvalla has dismissed the bail application of Palakkad MLA Rahul Mamkootathil. The court made this decision on Saturday. Mamkootathil faces arrest and remand over a sexual assault complaint.
Court Cites Serious Allegations and Safety Concerns
Magistrate Arundhati Dileep dismissed the plea with clear observations. She noted that the petitioner is a sitting MLA. The allegation against him is serious and grave. The petitioner also has similar antecedents.
The court expressed strong concerns about witness safety and evidence integrity. There is every chance of witnesses being threatened or influenced. Evidence could be tampered with. The investigation might face hampering.
Therefore, this case does not fit for exercising discretionary jurisdiction. The judge stated this while dismissing the bail petition.
Details from the First Information Statement
The court conducted a close scrutiny of the first information statement. This statement disclosed specific details about the incident.
Mamkootathil induced the survivor to book a hotel room. The survivor had specifically asked for a meeting at a restaurant. After booking the room, the survivor thought of going outside for a talk.
However, after entering the room, Mamkootathil raped her. The survivor's statement does not indicate a consensual relationship prima facie. This contradicts the MLA's allegations.
Arrest and Charges
Mamkootathil was arrested and produced before the court on January 11. He faces charges under sections 376 and 506(i) of the Indian Penal Code. These sections deal with rape and criminal intimidation.
Defense Arguments and Prosecution Opposition
Mamkootathil's counsel presented several arguments in court. They stated that Mamkootathil did not commit the alleged offences. He is falsely implicated in this case.
The defense argued that the survivor entered into a consensual relationship with him. Mamkootathil was under the impression that she was unmarried. They also pointed out the delay in lodging the FIR.
The assistant public prosecutor strongly opposed the bail plea. The prosecutor told the court that Mamkootathil did not cooperate with the investigation.
Prosecution highlighted that the petitioner is a sitting MLA. This increases the chance of witnesses being threatened or influenced. Evidence tampering becomes more likely.
An ongoing cyber attack against the survivor was also pointed out. If the petitioner gets released on bail, her life would be in danger. This adds to the seriousness of the situation.
Court's Final Decision
Considering all factors, the court found this case unsuitable for bail. The magistrate emphasized the gravity of the allegations. Witness protection and evidence preservation remain critical concerns.
The dismissal of the bail application reflects the court's cautious approach. It ensures that the investigation proceeds without interference. The legal process will continue as Mamkootathil remains in custody.
