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Court rejects anticipatory bail plea of MLA Rahul Mamkootathil in sexual assault case

THIRUVANANTHAPURAM: In a major setback for Rahul Mamkootathil MLA, the principal district and sessions court has rejected his anticipatory bail plea assessing that there was evidence against him for forcing the victim to abort her pregnancy. The court proclaimed its verdict in the afternoon after concluding Thursdays hearing that spanned about 25 minutes in a closed court. The court on Wednesday posted the case for the next day for further hearing noting that several documents related to the case ought to be examined. Rahuls counsel moved a plea seeking immunity from arrest till the court delivered its verdict on the pre-arrest bail plea. Rahuls counsel argued that the complaint was fabricated as part of a political conspiracy. They claimed the relationship between Rahul and the complainant was consensual and maintained that the abortion was done with her consent. Digital records and situational evidence were submitted to support their allegation of a conspiracy. They further argued that the woman remained in touch with Rahul even after the alleged incidents and continued to maintain a close relationship with him. They claimed the allegations were the result of a CPM-BJP nexus and said the complainant and her husband had links with the BJP and took it up as it is election time. The defence also submitted evidence to prove that the complainant was legally married and had taken the abortion pills on her own. Digital evidence was submitted to support the argument that the woman was in touch with her husband when the alleged rape took place. The prosecution, however, successfully countered the arguments of Rahul by producing additional materials, including medical and legal certificates, statements from doctors who treated the woman complainant, and preliminary audio forensic analysis reports. The prosecution dismissed the conspiracy argument and said the case involves repeated rape by someone the woman trusted, getting her consent through deceit, and a suspected illegal abortion. They argued that she was given strong medicines without a prescription or medical supervision, by Rahuls friend Joby Joseph, which caused serious complications and put her life at risk. The prosecution argued that Rahul did not cooperate with the investigation. The police report submitted to the court noted that the rape took place. Statements from doctors who treated her, accounts from friends and other witnesses, hospital records, and WhatsApp chats were also considered by the court. The police also informed the court that Rahul if let out on bail could impede the probe and influence the witness. It also informed the court that another case has also been registered against the accused for raping a woman by giving fake marriage promise. They also argued that the investigation is still in an early stage, the prosecution claimed that if the accused is released on bail, he could misuse his political influence to threaten witnesses, destroy evidence, or threaten the complainant. The special investigation team formed to probe the case has meanwhile widened its search for Rahul beyond the state. He has been absconding since last Friday, amid indications that he is in Bengaluru. Police have already charged Rahul with rape, forced termination of pregnancy, and recording private images without consent. According to the FIR, the woman was raped several times in Thiruvananthapuram and Palakkad.