Kerala MLA Rahul Mamkootathil sent to police custody for 3 days in rape case

Officials said the custody period was from 12.45 p.m. on Tuesday to 5 p.m. on Thursday. The police had escorted Mr. Mamkootathil to the court from the sub jail at Mavelikara, Alappuzha, under heavy police escort, amid raucous street protests by Democratic Youth Federation of India (DYFI) and Bharatiya Janata Yuva Morcha (BJYM) activists. An anonymous protester pelted an egg at Mr. Mamkootathil, narrowly missing the MLA, in front of the sub jail.

Mr. Mamkootathil’s defence counsel argued against granting Crime Branch the MLA’s custody, stating that his arrest was on “flimsy” legal grounds.

The defence cited perceived procedural flaws, including the absence of a signed complaint. Mr. Mamkootathil’s counsel argued that the Crime Branch had arrested the MLA in haste early Sunday based on a “tenuous e-mail” received by the Chief Minister’s Office.

He argued that the special investigation team (SIT) had not secured the complainant’s sworn statement under Section 183 of Bharatiya Nagarika Nyaya Samhiti.

The counsel also submitted that Mr. Mamkootathil’s relationship with the complainant was consensual.

The prosecution argued that Mr. Mamkootathil’s custodial interrogation was imperative for recovering evidence, including the digital devices he used for his private and social communications with the alleged victim from 2020 onwards. It accused Mr. Mamkootathil of not cooperating with the investigators, including the withholding of passwords to mobile phones.

The prosecution told the court that Mr. Mamkootathil was “a serial sexual offender” who had “a history of intimidating his victims.” It noted that the Crime Branch was investigating three separate charges of rape slapped against the MLA.

The State-side underscored the need to escort Mr. Mamkootathil to the scene of the crime, a hotel room in Thiruvalla, and record his statement, speak to witnesses and others, including a few aware of his relationship with the alleged victim, as part of the investigation.

Meanwhile, the Chief Minister’s Office has referred a second complaint from the alleged victim, who claimed she was the target of a concerted social media attack to slur her character and integrity, to State Police Chief (SPC) Ravada Chandrasekhar for further action.

Excise Minister M.B. Rajesh said “troll farms working for Mr. Mamkootathil” have incessantly targeted his victims. “The online campaign is to create a chilling effect on victims who have come forward bravely and to deter more complainants,” he added.