Denial of bail to Mamkootathil: Prima facie evidence of coercion, forced miscarriage

The Sessions Court order in the case involving Kerala MLA Rahul Mamkootathil provides a detailed reconstruction of what the judge concluded to be prima facie evidence of coercion, emotional manipulation, threats, and pressure that allegedly led the complainant to terminate her pregnancy.

The 21-page order sets out the court’s reasoning and the material that persuaded it to reject the MLA’s claim that the relationship was consensual and that the miscarriage was voluntary.

‘Pattern of pressure’ exerted by MLA

The order relies on the finding that the complainant’s consent for the abortion cannot be treated as genuine, to deny bail for Rahul Mamkootathil. The court notes that her statements, the digital evidence, and the circumstances described by her show a pattern of pressure exerted by the accused.

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The judge records that the complainant repeatedly expressed a desire to keep the pregnancy, but the MLA continued to insist on termination. According to the order, her eventual agreement to consume the pills appears to have been shaped by fear, emotional coercion, and the accused’s threats to harm himself.

WhatsApp chats, voice messages

The court relies on a mahazar prepared after seizing the complainant’s phone. The device is expected to be sent to the Forensic Science Laboratory for a complete retrieval of data, but even the partial material reviewed by the judge was considered significant. It includes WhatsApp chats and voice messages between the MLA and the complainant.

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According to the order, the chats show detailed conversations about the pregnancy, the complainant’s hesitation about terminating it, and her emotional attachment to the child. The court notes that she repeatedly conveyed fear of harming the foetus, and also conveyed her wish to continue with the pregnancy. The materials, the court says, simultaneously show the accused insisting that she undergo an abortion and attempting to persuade her to give in.

Complainant’s emotional turbulence

The judge observes that this exchange reveals the complainant’s emotional turbulence and the conflict between her wish to continue the pregnancy and the pressure exerted by the MLA. The prosecution also produced a statement from the gynaecologist who treated her after she consumed the pills. According to the doctor, the pills she took should not have been used without a medical prescription.

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The order gives considerable space to the events of May 30, 2025. The complainant alleges that the second accused, acting on the MLA’s instructions, arrived at her residence with the abortion pills. He allegedly handed over the tablets, told her how to use them, and left. The next day, according to her statement, she consumed the pills, and later confirmed the fact to the MLA through a video call.

‘Abortion cannot be considered voluntary’

This account, combined with the chat records, persuaded the judge that the allegation of forced miscarriage is not a mere extension of a personal dispute. The court observes that the material produced shows the MLA’s insistence was “persistent and direct” and that the complainant’s eventual act of taking the pills must be viewed in the context of the fear and pressure described by her.

The order also notes that Section 28 of the Bharatiya Nyaya Sanhita defines consent as invalid if obtained under fear of injury or under a misconception of fact. Applying this standard, the judge concludes that the complainant’s agreement to take the pills at the relevant time cannot be considered voluntary.

Prima facie case for probe to proceed

The order also addresses the allegation of rape. The court acknowledges that the relationship began consensually, and notes that the complainant herself has described the early period of the relationship as romantic. However, the order also records her assertion that the MLA had sexual intercourse with her on certain occasions without her consent, including at a time when she was pregnant.

The court notes that while complete digital evidence remains to be retrieved from the phone, the available material and the complainant’s statements together establish a prima facie case for the investigation to proceed.

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The MLA’s central defence in the bail application was that the complaint was politically motivated. He argued that the complainant worked in a channel owned by the BJP and that her husband was a BJP district leader. The judge notes these arguments but writes that the allegations cannot be dismissed as political manoeuvring because the primary accusations relate to coercion, sexual assault, and forced miscarriage.

The court refers to settled legal precedent which holds that delay in reporting sexual offences can result from fear or concern for family reputation. The judge observes that the complainant narrated in detail why she did not lodge a complaint earlier and described the pressure she faced when private chats were leaked to another channel without her consent.

Grounds for denying anticipatory bail

In the present case, the court observes that the MLA’s mobile phone is a crucial piece of evidence, and that the police require freedom to investigate without the constraints that accompany anticipatory bail. According to the order, the risk of witness influence and tampering with digital evidence cannot be ruled out.

The prosecution informed the court that a second complaint against the MLA had been received by KPCC and that a separate FIR had been registered. The defence argued that the complaint was suspicious. The court noted that the police had verified the email address but stated that since the FIR is at a very preliminary stage, it cannot be treated as an antecedent for deciding this bail application.

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The order ultimately forms a detailed reconstruction of the complainant’s version of events, cross-checked with available digital traces, and examined through the lens of statutory definitions of consent. While the final determination of guilt lies far ahead, the judge’s reading of the material results in a clear conclusion that the allegations contained substantive elements requiring custodial investigation.