KOCHI (Jan 28): During the hearing of an anticipatory bail plea filed by Palakkad MLA Rahul Mamkootathil in a rape case, the Kerala High Court on Wednesday questioned the legal basis for denying bail solely on the count of an individual having multiple sexual partners. Justice Kauser Edappagath remarked that as long as relationships are consensual and involve an unmarried individual, they are legally permissible and cannot be a ground for rejecting bail.
The High Court’s observations came after the prosecution argued that Mamkootathil followed a pattern of establishing relationships with multiple women followed by intimidation. However, the Court noted that the law allows even consensual relationships with married individuals, asking, “What is wrong in an unmarried man having consensual sexual relationships with many persons? How can bail be rejected because of that?” The Judge further observed that the relationship between the MLA and the complainant appeared prima facie consensual, pointing out that the survivor herself admitted to staying with him even after the alleged incident of forced intercourse.
While the High Court has reserved its order on the anticipatory bail plea in the first case, Mamkootathil was released from Mavelikkara Sub-Jail yesterday after the Pathanamthitta Sessions Court granted him regular bail in a third rape case. The MLA, who was suspended by the Congress party following these allegations, has consistently maintained that the charges are part of a political conspiracy and that all interactions were consensual. The Court reiterated that while allegations like unauthorized filming of intimate videos are serious, they constitute separate offenses that do not automatically substantiate a charge of rape if the physical act was consensual. (barandbench.)
For more details: Navamalayalam.com