Relief for Rahul; High Court grants anticipatory bail in first sexual assault case

KOCHI: The Kerala High Court on Thursday granted anticipatory bail to MLA Rahul Mamkootathil in the first sexual assault case registered against him. Earlier, he had been arrested in connection with the third sexual assault case, but was later released on bail. He had also secured bail from a lower court in the second case. With the latest order, Rahul has now obtained bail in all three cases filed against him.

The High Court granted bail subject to strict conditions. Rahul has been directed to appear before the investigating officer on the 16th and submit himself to questioning for three days, from 10 am to 4 pm. During this period, he will be deemed to be in custody. He has also been instructed to hand over his mobile phone, undergo a medical examination, and surrender his passport. The court has barred him from leaving Kerala and directed him to appear before the investigating officer on every second Saturday. He must not contact or intimidate witnesses and must refrain from committing any offence while on bail. The court further stated that if the investigating officer finds it necessary to formally record his arrest, he may do so and subsequently release him on bail.

In the first case, the prosecution argued that the accused had emotionally manipulated and sexually exploited the complainant, and therefore should not be granted anticipatory bail. The complainant informed the court that granting bail would pose a threat to her life and alleged that the accused had similarly exploited several other women.

However, after examining the complainant’s statement, the court observed that the allegations did not prima facie constitute rape. The court also noted that a married woman being involved in another relationship is neither legally nor morally wrong, and questioned how bail could be denied on that basis alone. It added that if evidence emerges showing possession of explicit images, additional charges could be invoked.