Kerala Court Rejects Bail Plea of Expelled Congress MLA in Third Sexual Assault Case

The legal scrutiny surrounding expelled Congress MLA Rahul Mamkootathil intensified on Saturday after a Kerala court declined to grant him bail in a third sexual assault case, signalling a tougher judicial approach as allegations continue to mount.

Unlike the earlier two cases - in which the Kerala High Court and a sessions court in Thiruvananthapuram had shielded Mamkootathil from arrest - the latest complaint has resulted in custodial detention. The third case, registered on January 8 on the basis of a complaint from a woman in Kottayam district, led to his arrest in Palakkad three days later.

Police booked the former legislator under provisions related to rape and criminal intimidation. When produced before a magistrate, Mamkootathil was remanded to 14 days of judicial custody, with the court underlining the seriousness of the allegations and declining to consider immediate bail.

Investigators told the court that the nature of the charges required sustained custody to ensure an unhindered probe. The defence countered by citing Mamkootathil's political status and willingness to cooperate, but the court remained unconvinced, prioritising the gravity of the offences over claims of personal assurance.

The arrest triggered demonstrations by youth wings of rival political parties in multiple districts, prompting police to step up security measures. Authorities escorted Mamkootathil to a government hospital for medical examination amid heightened tension.

According to the complaint, the woman has accused Mamkootathil of repeated sexual assault, rape under the pretext of marriage and coercing her into terminating a pregnancy. Based on these allegations, investigators have invoked several non-bailable provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including sections dealing with repeated rape, abuse of trust, rape of a pregnant woman and causing miscarriage without consent. Additional charges have been filed under the Information Technology Act for the alleged transmission of offensive digital content.

The bail rejection places Mamkootathil in continued judicial custody, even as multiple cases against him remain under investigation, underscoring how courts are weighing the seriousness of sexual offence allegations against claims for interim relief.