Kerala High Court Grants Anticipatory Bail to Expelled Congress MLA Rahul Mamkootathil
In a significant legal development, the Kerala High Court on Thursday granted anticipatory bail to Palakkad MLA Rahul Mamkootathil in the first of three alleged sexual assault cases filed against him. This ruling effectively provides the legislator with protection from arrest across all current cases, marking a pivotal moment in the ongoing legal saga.
Court Observations and Stringent Bail Conditions
While granting relief, the High Court made a crucial observation that the allegations, at this preliminary stage, did not prima facie establish a case of rape. However, the court imposed rigorous conditions on the expelled Congress MLA to ensure proper conduct during the investigation.
The bail conditions include:
- Mamkootathil is barred from leaving the state of Kerala
- He must surrender his passport and mobile phone to investigators
- Strict prohibition from contacting the complainant or attempting to influence any witnesses
Background of Multiple Legal Proceedings
This development occurs amid multiple legal proceedings against the legislator. On January 28, the Pathanamthitta District Court granted bail to Mamkootathil in what has been described as the third rape case, allowing bail on the 18th day of his arrest. Earlier, on January 17, the Judicial First Class Magistrate Court in Thiruvalla had denied him bail in the same matter.
The MLA had previously secured relief from courts in the first two complaints filed against him but was later arrested and remanded to custody in connection with the third case, creating a complex legal timeline.
Details of the Third Case
According to prosecution details, the third case stems from allegations that the MLA sexually assaulted a woman after allegedly calling her to a hotel under the promise of marriage. The comprehensive complaint includes serious allegations of physical assault, financial exploitation, and forced abortion, adding multiple dimensions to the legal proceedings.
Previous Court Proceedings and Investigation Transfer
During earlier proceedings, the bail hearing was conducted in camera following a specific request by Assistant Public Prosecutor MG Devi to protect the survivor's identity and case details. The magistrate sought the opinion of defence counsel Shasthamangalam Ajith Kumar regarding holding the hearing in a closed courtroom before accepting the request.
All persons not directly connected with the case were asked to leave the courtroom, and arguments were heard at length before the court ultimately dismissed the bail application at that stage.
In related developments, the High Court had previously stayed Mamkootathil's arrest in the first sexual assault case, while a trial court granted anticipatory bail in the second case. On December 12, the investigation into the first alleged rape case was transferred to the State Police Crime Branch through an official order, moving it from the Thiruvananthapuram City Police Commissioner's jurisdiction.
With this transfer, all cases registered against the expelled Congress MLA are now being supervised by Assistant Inspector General of Police Poonguzhali, who was already heading the investigation into the second case, creating a unified investigative approach to the multiple allegations.
