Kerala High Court halts arrest of ex-Congress MLA Rahul Mamkootathil in rape case

Kerala High Court has granted relief to MLA Rahul Mamkootathil, citing serious allegations of rape and has been recently expelled from the Congress. Justice K. Babu has directed the police from taking Mamkootathil into custody until the matter is examined further by the court.

After a Thiruvananthapuram Sessions Court had rejected his plea for anticipatory bail, the MLA approached High Court for relief.

Apprehending his arrest in connection with crime No.1750 of 2025 of Nemom Police Station., Mamkootathil who is alleged to have committed offences punishable under Sections 64(2)(f), 64(2)(h), 64(2)(m), 89, 115(2) and 351(3) r/w Section 3(5) of the Bharatiya Nyaya Sanhita and Section 66(E) of the Information Technology Act,2000 had approached the High Court.

Mamkootathil pleaded the following grounds in his application for anticipatory bail:
(1) The de facto complainant, a married woman, was fully aware of her marital status. The allegations contained in the FIS do not fall within the legal definition of 'rape'.
(2) The petitioner has not, until now, been supplied with copies of the FIR and FIS.
(3) The complaint, which is highly belated, was directly submitted to the Chief Minister of Kerala instead of filing before the competent authority as contemplated under the BNSS. Accordingly, there is political influence in the investigation.
(4) The attempt of the Police is to put the petitioner behind the bars even before collecting evidence.

Further reliance was placed on Mahesh Damu Khare v. The State of Maharashtra [(2024) 11 SCC 398] and Jothiragawan v. The State represented by the Inspector of Police and Ors. [2025 SCC Online SC 628] to contend that the ingredients of the offences alleged were not attracted.

While asking the Director General of Prosecutions to produce the Case Diary, the court has said that Mamkootathil shall not be arrested till the next till 15.12.2025 for hearing.

The case stems from a detailed complaint filed by a woman and her family, accusing the legislator of sexual assault, impregnating her through rape, and compelling her to undergo an abortion. The FIR also lists additional offences, including criminal breach of trust, intimidation, trespass, causing grievous injuries and violations under information technology laws.

Mamkootathil has maintained that the relationship was consensual. He has alleged that the complaint is politically motivated and intended to damage his public standing. He also expressed willingness to cooperate with investigators provided he is not subjected to immediate arrest.

Case Title: Rahul BR vs State of Kerala

Order Date: December 6, 2025

Bench: Justice K Babu