Kerala govt moves HC against pre-arrest bail granted to Mamkootathil in second sexual assault case

Kochi, Dec 11 (PTI) The Left government on Thursday moved the Kerala High Court seeking to set aside the order of a lower court that granted anticipatory bail to expelled Congress MLA Rahul Mamkootathil in the second sexual assault case registered against him.

On Wednesday, Thiruvananthapuram District and Principal Sessions Judge Nazeera S had granted anticipatory bail in a case related to the alleged sexual assault of a woman in 2023 after giving her a false promise of marriage.

In its petition, filed by an Additional Public Prosecutor, the state government said the Sessions Court order is liable to be set aside, as it failed to appreciate the gravity of the allegations, the seriousness of the offence under Section 376 (rape) of the IPC, and the materials collected during the investigation, all of which prima facie establish the involvement of the accused.

“The finding of the learned Sessions Court that there is no prima facie material to connect the accused with the alleged offence is wholly erroneous and contrary to the facts and circumstances of the case. The court failed to properly consider the victim’s detailed statement before the police, the contents of the FIR, and the material collected during the preliminary stage of investigation,” the petition said.

The state government also maintained that at the anticipatory bail stage, the court is required only to examine whether the allegations, taken at face value, disclose the commission of a cognizable and grave offence.

The petition further noted that the Sessions Court failed to appreciate that delay in registration of an FIR in cases involving sexual offences is natural, expected and common, and therefore cannot be a ground to disbelieve the prosecution or to grant anticipatory bail.

“It is humbly submitted that the learned Sessions Judge, while granting pre-arrest bail to the accused, did not consider the allegation of forceful sexual intercourse resulting in a severe panic attack. It is stated that the victim struggled to breathe, causing intense physical pain and several cuts and injuries on her body,” the petition added.

The complainant initially submitted a petition to the Kerala Pradesh Congress Committee, which forwarded it to the State Police Chief.

The Crime Branch then registered a case and began investigation.

Earlier, the Kerala High Court directed police not to arrest Mamkootathil in another case alleging sexual assault and forced abortion until it considers his anticipatory bail plea on December 15.

Meanwhile, Joby Joseph, the second accused in the case relating to sexual assault and forced abortion, has approached the Thiruvananthapuram District and Principal Sessions Court seeking anticipatory bail.

The allegation against Joseph is that he supplied the abortion pill allegedly on Mamkootathil’s instructions.

Although the court considered Joseph’s petition on Thursday, it was posted to December 17 as police had not filed the report sought by the court. PTI TBA TBA ROH