The survivor in the first of three rape cases against Member of Legislative Assembly (MLA) and former Congress leader Rahul Mamkootathil has approached the Supreme Court. She challenges the Kerala High Court order that granted him anticipatory bail.
Justice Kauser Edappagath of the Kerala High Court granted anticipatory bail to Mamkootathil on February 12.
Background of the Complaint
The criminal case began after the survivor and her family submitted a written complaint to Kerala Chief Minister Pinarayi Vijayan on November 27, 2025.
In the complaint, they accused Mamkootathil of rape, causing pregnancy through sexual assault, and forcing the survivor to undergo abortion.
The survivor also alleged that Mamkootathil recorded their intimate videos without her consent. She claimed he threatened to circulate those videos if she refused to comply with his demands.
Challenge to High Court Observations
In the petition before the Supreme Court, the survivor argued that the acts attributed to the MLA clearly fall within the definition of rape under Section 63 of the Bharatiya Nyaya Sanhita (BNS).
She also challenged certain observations made by the High Court. The Court had noted that there was a consensual relationship between the parties and that the survivor had visited the MLA several times.
According to the survivor, these observations were unwarranted. She argued that they could not justify the grant of anticipatory bail and that they cast doubt on her character.
The plea states:
“The Hon’ble High Court erred in appreciating that no person has a right to sexually assault the victim merely because she voluntarily visited his room. Prior acquaintance or cordial relations cannot justify sexual assault.”
Argument on Consent
The survivor further argued that a past relationship cannot amount to permanent consent.
She stated that earlier consensual relations do not permit sexual acts without consent at a later stage.
Allegations Regarding Forced Abortion
Another key ground raised in the petition relates to the allegation of forced abortion.
The survivor claimed that Mamkootathil forced her to consume abortion medication. She alleged that he repeatedly threatened suicide to pressure her.
The plea states that such conduct falls under Section 69 of the Bharatiya Nyaya Sanhita, which penalises causing miscarriage without a woman’s consent.
Allegations of Multiple Victims
The survivor also alleged that Mamkootathil habitually targets vulnerable women. She claimed he approaches women who face distress, troubled marriages, or separation.
She referred to the fact that three rape cases have already been registered against him.
The petition further states that authorities have identified nearly ten victims, including one minor.
Allegations of Cyberbullying and Intimidation
The plea also highlights the influence and power of the accused as an MLA.
According to the survivor, Mamkootathil has a strong supporter base. She claimed that some of his supporters subjected her to cyberbullying and threats.
The petition names Rahul Easwar, advocate Deepa Joseph, and Sandeep Warrier as persons who allegedly instigated attacks against her.
It also notes that Rahul Easwar spent more than a week in jail for revealing the survivor’s identity.
Relief Sought
The survivor has argued that a clear prima facie case exists against Mamkootathil.
