Pranav B Prem

The Kerala High Court on Saturday granted interim protection from arrest to Congress MLA Rahul Mamkootathil, in connection with a rape case registered by the Nemom Police. The relief was granted by Justice K Babu while considering the legislator’s plea for anticipatory bail. The Court directed that Mamkootathil shall not be arrested until the matter is taken up again on December 15, when the application will be finally heard. Delivering the interim order, the judge stated orally that the applicant had raised substantial contentions which required examination before any coercive action could be justified.

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The Court orally stated, "I will hear arguments on December 15th. During the pendency of the application, I will not permit his arrest because he has raised very serious contentions. No man shall be condemned unless heard. The matter is pending before a constitutional court. The party has raised very serious contentions. He has a case that the lady was married and admittedly there was a consensual relationship. I am not in any way prejudiced, I have made sure that he shall not be arrested during the pendency of the application."

Earlier, on December 4, the Thiruvananthapuram Sessions Court had rejected Mamkootathil’s anticipatory bail application, compelling him to approach the High Court after the police intensified their search. The High Court reiterated during Saturday’s hearing that "I will not permit his arrest because he has raised very serious contentions. No man shall be condemned unless heard".

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The anticipatory bail plea pertains to a case arising out of a written complaint submitted directly by the survivor and her family to Chief Minister Pinarayi Vijayan on November 27, alleging rape, pregnancy through sexual assault and a subsequent forced abortion. The complainant also accused Mamkootathil of threatening her by recording intimate videos of their interactions. The FIR invokes multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 64 (rape), Section 89 (forced miscarriage), Section 316 (criminal breach of trust), Section 351 (criminal intimidation), Section 329 (trespass) and Section 116 (causing grievous hurt). In addition, Section 66E of the Information Technology Act has been applied for alleged violation of privacy.

In the petition seeking anticipatory bail, Mamkootathil acknowledged that he had a physical relationship with the complainant, but has insisted that the relationship was entirely consensual. He further claimed that the accusations were fabricated, politically driven, and designed to damage his reputation and public life. The Court noted during oral observations that "He has a case that the lady was married and admittedly there was a consensual relationship."

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Mamkootathil has reportedly been avoiding police attempts to take him into custody since the registration of the case. Shortly after the allegations surfaced, the Congress party suspended his membership in August following multiple accusations of sexual misconduct by different women. He subsequently stepped down as the Youth Congress Chief, though he continues to serve as an MLA representing the Palakkad constituency.

Appearance

Petitioner/Accused: Advocates S. Rajeev, V. Vinay, M.S. Aneer, Sarath K.P., Anilkumar C.R., K.S. Kiran Krishnan, Dipa V., Akash Cherian Thomas, Azad Sunil, Maheswar P., T.P. Aravind, Akshara S

Cause Title: Rahul BR v State of Kerala

Case No: 14427/2025

Coram: Justice K Babu