A survivor in a rape and forced abortion case has approached the Supreme Court challenging the anticipatory bail granted to expelled Congress MLA Rahul Mamkootathil by the Kerala High Court. The plea contests the High Court’s February 12 order that protected the Palakkad legislator from arrest, holding that custodial interrogation was not necessary at this stage.
The petition before the Supreme Court seeks to overturn the Kerala High Court’s decision granting anticipatory bail to Mamkootathil, who is facing allegations of rape and forcing the complainant to undergo an abortion. The survivor has questioned the High Court’s reasoning and the relief granted to the legislator.
The High Court order was delivered by Justice Kauser Edappagath while allowing Mamkootathil’s plea against a Thiruvananthapuram sessions court decision that had earlier denied him anticipatory bail in the case. The High Court observed that the prosecution had failed to demonstrate the need for custodial interrogation of the MLA.
While granting relief, the court noted that the complainant’s conduct in the case “prima facie suggests the existence of a consensual sexual relationship” between her and Mamkootathil, though it clarified that the issue would ultimately require adjudication during trial.
The High Court also remarked that it was “difficult to believe” that the complainant, described as a married and mature woman, would invite the MLA to her apartment and later travel to Palakkad to stay with him unless she was willing to engage in a physical relationship.
Along with anticipatory bail, the High Court imposed several conditions on Mamkootathil. He was directed not to contact the complainant or any other prosecution witness, not to tamper with evidence, and not to leave the state of Kerala without the permission of the trial court. The MLA was also ordered to surrender his passport.
Mamkootathil has been protected from arrest in the case since December 6, 2025. The allegations form part of three sexual assault cases registered against the legislator. While he obtained protection from arrest in two of the cases, he was arrested in the third and remained in custody for more than two weeks before being granted regular bail.
