Rahul Mamkootathil
| Photo Credit: K K Mustafah
The Principal Sessions Judge, Thiruvananthapuram, S. Nazeera, on Thursday (December 4, 2025) rejected the anticipatory bail plea filed by Palakkad MLA Rahul Mamkootathil in the rape and coerced termination of pregnancy case registered against him based on a complaint filed by a woman acquaintance of his.
Following the court decision on the bail petition, KPCC president Sunny Joseph announced that Mr. Mamkootathil was expelled from the party.
Ms. Nazeera is yet to promulgate a formal order and reportedly stated in open court that she had dismissed the petition, opening the way for Mr. Mamkootathil’s possible arrest.
The court allowed the State-side and defence 25 minutes to present their arguments. It had heard the petition for nearly an hour on Wednesday.
The prosecution also presented “additional material”, including doctors’ statements, medico-legal records, and preliminary forensic voice analysis results, to bolster its case against the MLA.
The court, which conducted the proceedings in camera, has dismissed Mr Mamkoothil’s primary plea that he was the victim of a political conspiracy and that his relationship with the complainant, a woman acquaintance, was consensual.
Notably, in his bail application, Mr Mamkootathil has denied the charge that he had coerced the woman to consume drugs, causing miscarriage against her will. He submitted that the complainant was married and had consumed the abortion pills of her own volition. He also accused the woman of obsessively recording their private communications to implicate him.
The prosecution argued that the investigation was at a nascent stage. If released on bail, the State argued, the accused could jeopardise the investigation, using his political heft to intimidate witnesses, destroy evidence and attempt to influence or threaten the “survivor”.
It contended that the suspect’s continued high-profile presence in public could preclude other possible survivors from seeking justice. The prosecution also alleged that Mr Mamkootathil was not cooperating with the investigation, and his current whereabouts remained unknown.
The State-side also submitted the police’s preliminary investigation report in a sealed cover. The prosecution highlighted that the case involves alleged repeated rape by a person in a position of trust and authority, obtaining sexual consent through deceitful means, suspected illegal abortion, causing hurt and precipitating life-threatening complications resulting from the unsafe, unlawful, and compelled administration of potent drugs causing miscarriage, allegedly without prescription or medical supervision.
The prosecution reportedly noted that the police were also investigating abetment of suicide charges concerning the case.
Moreover, the prosecution stated that Mr. Mamkootathil’s custodial interrogation was imperative, given the gravity of the charges against him and his accomplices. The State-side said digital evidence, chiefly incriminating voice recordings and text messages, was vital to the case.
Hence, the police had to seize MLA’s digital devices, including mobile phones, tablets, and computers, to examine audio recordings, identify the parties involved, and detect any tampering or deception.
The prosecution also argued that potential charges in the case included violation of the Drugs and Cosmetics Act and provisions of the Medical Termination of Pregnancy Act, which protects the reproductive rights of women, including those outside the ambit of conventional marriage.
It also stressed the need for the custodial investigation of Joby Joseph Mamkootathil’s associate, who allegedly delivered the abortion pills to the survivor and ensured that she consumed them, while the MLA allegedly ensured compliance on a video call.
Published – December 04, 2025 02:49 pm IST
