Kochi, Feb 12 The Kerala High Court on Thursday granted anticipatory bail to Palakkad MLA Rahul Mamkoottathil in the first of three rape cases registered against him, subject to stringent conditions.
With this order, the legislator has now secured bail in all three cases. He had obtained bail earlier in the two other cases.
The prosecution strongly opposed the plea, contending that the accused had mentally manipulated and sexually exploited the complainant and therefore should not be granted anticipatory bail. It argued that custodial interrogation was necessary.
The complainant also informed the court that granting bail would pose a threat to her life and alleged that the accused had similarly abused several other women.
However, after examining the woman’s statement in detail, the court observed that it could not be conclusively established that rape had occurred.
The judge noted that a married woman entering into another relationship is not, by itself, legally or morally wrong, and questioned how anticipatory bail could be denied on that ground alone.
At the same time, the court clarified that if it is later found that the accused possessed explicit images, the addition of further charges could be considered.
Bail has been granted with strict conditions. Mamkoottathil must appear before the investigating officer on the 16th and undergo questioning for three consecutive days from 10 a.m. to 4 p.m., during which period he will be deemed to be in custody.
He must surrender his mobile phone for examination, undergo medical tests, and submit his passport.
Mamkoottathil has been barred from leaving Kerala and must report before the investigating officer on every second Saturday.
He is prohibited from contacting, influencing, or threatening witnesses and must not commit any offence while on bail.
The order is expected to have political ramifications, with speculation rising over whether Mamkoottathil will again focus on retaining the Palakkad Assembly seat.
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