Kerala Sessions Court Grants Bail To MLA Rahul Mamkootathil In Third Rape Case
Pranav B Prem
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. The bail order was passed by Principal District and Sessions Judge N. Harikumar in Rahul Mamkootathil v. State represented by Deputy Police Superintendent. Mamkootathil had approached the Sessions Court after a Magistrate Court rejected his bail application on the ground that a prima facie case of rape was made out against him. The Sessions Court, however, held that he could be released on bail, taking note of multiple circumstances emerging from the record.
The Court observed that there was a delay in lodging the complaint and also noted that there was continued communication between the petitioner and the complainant even after the alleged incident. The Sessions Judge opined that a full-fledged trial would be required to determine the actual nature of the relationship between the parties.
The Court further noted that the complainant is currently residing overseas, thereby reducing the possibility of the petitioner intimidating or influencing her. It was also observed that Mamkootathil had been in judicial custody for over 18 days, that custodial interrogation had already been completed, and that collection of evidence had been substantially concluded.
Significantly, the Sessions Court took note of the fact that Mamkootathil had complied with all conditions imposed earlier when he was granted anticipatory bail in other cases involving similar allegations. The Court also observed that there was no material to suggest that he would abscond, particularly considering that he is a public figure and an elected Member of the Legislative Assembly. The order records that prolonged detention of the petitioner was not necessary for the purpose of investigation. The Court observed that bail is the rule and jail an exception, and that continued incarceration at this stage was unwarranted.
Mamkootathil was arrested on January 11, 2026 from a hotel in Palakkad in connection with a complaint lodged by a Thiruvalla-based woman, who alleged that he sexually assaulted her in 2024. The prosecution alleged that Mamkootathil befriended the complainant through social media, induced her to book a hotel room, and forcibly subjected her to penetrative sexual acts. It was also alleged that the complainant became pregnant as a result of the intercourse and later suffered a miscarriage.
The petitioner denied the allegations, contending that the relationship was consensual and that he was unaware of the complainant’s marital status at the relevant time. He further argued that the FIR suffered from procedural irregularities and that the statutory safeguards relating to arrest had not been complied with. Allowing the bail application, the Sessions Court granted bail to Mamkootathil subject to conditions, holding that continued custody was unnecessary at this stage of the proceedings. His appeal against the Magistrate Court’s rejection of bail thus stood allowed.
Cause Title: Rahul Mamkootathil v. State represented by Deputy Police Superintendent
Case No: Bail Applicatio No. 46/2026
Coram: Principal District and Sessions Judge N. Harikumar
