‘Law and morality not equivalent’: Kerala High Court grants anticipatory bail to MLA Rahul Mamkootathil

The high court also pointed out that every instance of consensual sexual intercourse in a failed relationship cannot be characterised as rape.

It was emphasised that when two adults voluntarily consent to engage in sexual relations and continue such activity for a long time, it is a mutual choice or promiscuity, not a sexual assault by one partner against the other.

‘Intense personal, consensual relationship’

• The entire relationship between Rahul Mamkootathil and the survivor from January 2025 until November 2025, when she filed the complaint, must be considered holistically to understand the true nature of their relationship to assess whether the petitioner deserves pre-arrest bail.
• The survivor has claimed that she was sexually assaulted and compelled to consume tablets to terminate the pregnancy, but her conduct of staying with the petitioner after the same prima facie suggests the existence of a consensual relationship.
• It is difficult to believe that the survivor, a married and mature woman, would invite the accused to her apartment and subsequently travel to Palakkad to stay with him unless she was willing to engage in a physical relationship.
• The absence of any complaint concerning such matters on those occasions strengthens the inference.
• The WhatsApp chats between the politician and the woman, as well as between the survivor and another accused, a friend of the politician, reveal an intense personal relationship and do not indicate any element of coercion or force.

• All these circumstances suggest the likelihood of consensual sexual intercourse on the dates mentioned in the record.
• All three cases registered against the accused were registered after the registration of the present crime; therefore, they cannot be treated as criminal antecedents.
• Criminal antecedents are not a bar to granting pre-arrest bail to an accused if he is otherwise entitled to it.

‘Sexual relations with women in distress’

• The survivor’s counsel, advocate John S Ralph, argued that the allegations against the accused transcend a mere instance of sexual assault and disclose acts amounting to sexual violence, characterised by perverse conduct and extreme sexual brutality.
• The nature and manner of the acts alleged prima facie reveal disturbing and sadistic proclivities on the part of the accused.

• These acts, along with criminal intimidation employed with the object of compelling the survivor to undergo an abortion, ultimately caused her complete emotional and psychological breakdown.
• The accused is in the habit of developing sexual relationships with women in distress who are in troubled marriages or separated from their spouses.
• The same is evident from the fact that there are three FIRs registered against him, all reflecting a consistent pattern of abuse, torture and coercion, including forced abortion.

‘Politically motivated case’

• Appearing for the petitioner, advocate S Rajeev submitted that Rahul Mamkootathil is innocent and has been falsely implicated in the crime.
• The allegations against the accused only reflect a consensual relationship between two adults and do not attract the offence of rape.
• The survivor did not file any complaint with the police when the alleged sexual assault incident occurred with her, but filed the same in November 2026, that too to the chief minister.
• The accused is a promising political leader of the youth congress, and the case against him is completely politically motivated, initiated at the instance of the ruling political party along with the survivor’s husband, who is a district leader of the Bharatiya Janata Party (BJP).

‘Submission by state’

• Director General of Police T A Shaji submitted that custodial interrogation is necessary since the allegations are serious, and the accused is a sitting MLA and a powerful person, who may destroy the evidence and influence the witnesses if he is granted pre-arrest bail.
• He further submitted that there are allegation sof serious and heinous nature against the petitioner.
• During the investigation, sufficient evidence was collected against the petitioner and granting a pre- arrest bail will affect the investigation.
• Shaji emphasised that granting pre- arrest bail will send a wrong signal to society.
• He also pointed out that his custody is required for interrogation, potency test and for recovery fo mobil phone used for recording obscene video of the woman.

‘Social media friends, relationship’

• The petitioner, a 36-year-old bachelor, is a politician and Member of the Legislative Assembly representing Palakkad constituency.
• The survivor claimed to be living separately from her husband due to marital discord.
• It was claimed by the prosecution that the petitioner befriended the survivor by messaging her on various social platforms like Facebook, WhatsApp and Telegram.
• It was further claimed that subsequently, the petitioner feigned emotional support and promised lifelong togetherness to her.
• Based on these promises, he engaged in sexual intercourse with her multiple times at his flat.
• The prosecution mentioned that the petitioner forcefully and brutally raped the survivor when he came to know that she was pregnant.
• It was claimed that the petitioner coerced her through WhatsApp chats to consume the pills and through a WhatsApp video call to terminate the pregnancy.

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