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The Kerala High Court, on Thursday, February 12, granted anticipatory bail to Palakkad MLA Rahul Mamkootathil in a rape and forced abortion case registered against him by the Nemom Police. Three such cases have been registered against the MLA, in the third of which he was arrested and granted bail earlier.
Justice Kauser Edappagath pronounced the order in open court. According to Live Law, the court allowed the bail application on a few conditions, including that Rahul should surrender his passport to the investigating officer, and should not leave Kerala. The court also stipulated that he should surrender his mobile phone before the investigating officer and ordered that he can be interrogated for the next three days from 10 am to 4 pm.
“If required…the applicant shall be deemed to be under custody during the aforesaid period for facilitating the requirements of investigation, including to undergo medical examination or potency test. If the investigating officer intends to arrest the applicant, then he shall be released on bail on executing a bond Rs 1 lakh,” the court said.
The court further directed Rahul to fully cooperate with the investigation, and to appear before the investigating officer on every second Saturday. The bail is also conditional on him not committing any offence during the bail period.
The court also warned the MLA not to contact or influence the complainants or witnesses and directed him to cooperate with the probe and undergo medical examination if required.
Rahul had moved the High Court after the Thiruvananthapuram Sessions Court rejected his plea for anticipatory bail. His arrest in the case had been stayed by the High Court in December 2025. He has already secured bail in the other two rape cases registered against him.
The prosecution alleged that Mamkootathil subjected the complainant to forcible sexual intercourse, caused her to become pregnant and criminally intimidated her to terminate the pregnancy. It was further alleged that he recorded private videos of her without consent and used them to threaten her.
He has been booked under several charges, including that of rape, causing miscarriage without woman's consent, voluntarily causing hurt, and criminal intimidation.
The case stems from a written complaint submitted to Chief Minister Pinarayi Vijayan on November 27, 2025, by the woman and her family, accusing the MLA of rape, pregnancy through sexual assault, and forced abortion.
During earlier hearings, the High Court questioned the prosecution’s stand on denying anticipatory bail. The court had observed, “Consensual relationship with a married spouse is permitted under law, then what is wrong in an unmarried man having consensual sexual relationship with so many persons? What is wrong and because of that how can this bail be rejected?”
The court also noted that the complainant had admitted to being in a consensual relationship with the MLA prior to the alleged incident. It then asked the prosecution to clarify whether the act in question was consensual or forced.
The prosecution maintained that it was a case of forced sex and that threats were issued using video recordings, while the court observed that the aspect of video recordings could be considered separately.
In his anticipatory bail plea, Mamkootathil admitted to having physical relationships with the complainant but claimed it was consensual and described the complaint as politically motivated. The complainant, however, alleged that the abuse was part of a systematic pattern of violence and coercion.
Following the allegations, the Congress party suspended Mamkootathil’s membership in August last year and he resigned as Youth Congress Chief. He continues to serve as the MLA representing the Palakkad constituency.