Supreme Court upholds anticipatory bail for expelled Congress MLA in high-profile rape case

New Delhi: The Supreme Court on Wednesday affirmed the anticipatory bail granted to expelled Congress MLA Rahul Mamkootathil in a case of rape and forced aboration filed against him.

A bench of Justices M M Sundresh and N Kotiswar Singh dismissed the survivor's plea challenging the Kerala High Court's February 12 order granting him relief and expunged certain remarks against her.

The Kerala High Court had on February 12 granted him anticipatory bail in the case and directed him to appear before the investigating officer.

The petitioner's counsel contended that the survivor's grievance primarily concerned the Kerala High Court's observations, which suggested the relationship was consensual. The counsel submitted that such observations could adversely affect the trial.

"Though we are not inclined to interfere in the ultimate conclusion of the high court, the observations made qua the petitioner are not necessary. Accordingly, they stand expunged," the bench said.

The complainant contended that the high court exceeded the permissible scope of consideration in an anticipatory bail application by entering into a detailed analysis of the evidence and recording findings that could prejudice the trial.

The petitioner objected to certain high court’s observations, which suggested that the relationship between the parties appeared to be consensual. The high court noted the complainant had visited the accused's flat and stayed there for two days after the alleged assault.

Mamkootathil was interrogated by the SIT in connection with a sexual assault case in which he was accused of raping a woman and later forcing her to terminate the pregnancy.

The MLA was earlier granted protection from arrest in the case since December 6, 2025. It was the first case of sexual assault registered against the legislator, who is an accused in two other similar cases. While he was able to get protection from arrest in two of the three cases, he was arrested in January in the third case and spent over two weeks in custody before being granted regular bail.