KOCHI — In a significant ruling on the intersection of law and interpersonal relationships, the Kerala High Court on Thursday, February 12, 2026, granted anticipatory bail to Palakkad MLA Rahul Mamkootathil. The 36-year-old politician, who was expelled from the Congress party last year, is facing allegations of rape and forced abortion in the first of three similar cases registered against him.
While the court directed Mamkootathil to cooperate fully with the ongoing investigation, it emphasized that the criminal justice system should not be misused to settle personal grievances arising from “soured” romantic entanglements.
1. The Core Ruling: Law vs. Morality
The bench of Justice Kauser Edappagath made a clear distinction between ethical behavior and statutory crimes. The court noted that while an accused person might lack certain moral virtues, the court’s role is to determine legality based on evidence of consent.
- Mutual Choice: The court observed that the complainant and the accused engaged in an intimate relationship starting in January 2025.
- Cooperation Inference: Justice Edappagath noted it was “difficult to believe” allegations of assault given that the complainant invited the accused to her home and traveled to his flat in Palakkad on multiple occasions without filing any contemporaneous complaints.
- The Verdict on Consent: “Where two adults voluntarily consent to engage in sexual relations… it can only be construed as an act of mutual choice… not as sexual assault,” the bench noted.
2. The Forced Abortion Allegation
A major part of the FIR involved charges under Section 89 of the Bharatiya Nyaya Sanhita (BNS), which pertains to causing a miscarriage without the woman’s consent.
- WhatsApp Evidence: The court reviewed transcripts showing the complainant requested abortion tablets, shared her location, and received the medicine.
- Voluntary Act: The bench suggested these digital trails indicate the woman may have voluntarily consumed the pills, though it added that whether this consent was “vitiated by force” is a matter for the trial to decide.
3. Case Background: Rahul Mamkootathil
The Palakkad MLA has seen a rapid fall from grace over the last year.
4. Bail Conditions & Next Steps
While Mamkootathil avoided immediate arrest, the court imposed several stringent conditions to ensure the integrity of the Palakkad police’s investigation:
- Surrender of Passport: The MLA cannot leave the state of Kerala.
- Mandatory Appearance: He must appear before the Investigating Officer on February 16, 2026.
- No Contact: He is strictly barred from contacting the complainant or any witnesses involved in the three cases.
- Cooperation: He must remain available for custodial interrogation if required for the “purpose of further investigation.”