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Kerala HC Grants Bail in First Case

The Kerala High Court on Thursday granted anticipatory bail to Palakkad MLA Rahul Mamkootathil in the first of three alleged sexual assault cases filed against him, effectively securing his protection from arrest in all the current cases. While granting relief, the High Court observed that the allegations, at this stage, did not prima facie establish a case of rape. However, the court imposed stringent conditions on the expelled Congress MLA.

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As part of the bail conditions, Mamkootathil has been barred from leaving Kerala and directed to surrender his passport and mobile phone to the investigators. The court has also strictly prohibited him from contacting the complainant or attempting to influence any witnesses.

Timeline of Arrest and Bail in Third Case

On January 28, the Pathanamthitta District Court in Kerala granted bail to expelled Congress MLA Mamkootathil in an alleged sexual assault case. The court allowed bail on the 18th day of his arrest, in connection with the third rape case.

On January 17, the Judicial First Class Magistrate Court in Thiruvalla denied bail to Mamkootathil. He had earlier obtained relief from courts in the first two complaints filed against him, but was arrested and remanded to custody in connection with the third case.

Allegations and In-Camera Hearing

According to the prosecution, the third case is based on allegations that the MLA sexually assaulted a woman after allegedly calling her to a hotel on the promise of marriage. This third sexual assault complaint against the Palakkad MLA involves serious allegations such as physical assault, financial exploitation, and forced abortion.

Earlier, the bail hearing was conducted in camera following a request by Assistant Public Prosecutor (APP) MG Devi to prevent disclosure of the survivor's identity and details. The magistrate sought the opinion of the defence counsel, Shasthamangalam Ajith Kumar, on holding the hearing in a closed courtroom, after which the request was accepted. All persons not connected with the case were asked to leave the courtroom, and arguments were heard at length before the court dismissed the bail application.

Investigation Transferred to Crime Branch

Meanwhile, in the first sexual assault case, the High Court had stayed Mamkootathil's arrest, while a trial court had granted anticipatory bail in the second case.

On December 12, the investigation into the first alleged rape case against Mamkootathil was transferred to the State Police Crime Branch following an official order. The case was earlier handled by the Thiruvananthapuram City Police Commissioner.

With the transfer, both rape cases registered against the expelled Congress MLA are now being supervised by Assistant Inspector General of Police Poonguzhali, who was already heading the probe into the second case.