India News : Thiruvananthapuram: The Kerala High Court has made a significant observation, stating that if the law permits consensual relationships even with a married person, then there is nothing inherently wrong if an unmarried man maintains consensual sexual relationships with multiple women. The court questioned how such a fact alone could be grounds for rejecting bail.
The remark was made while hearing the anticipatory bail plea of Kerala legislator Rahul Mamkootathil. Justice Kausar Edappagath was hearing the matter after a sessions court in Thiruvananthapuram had earlier rejected Mamkootathil’s plea for anticipatory bail.
Mamkootathil, who faces three sexual assault cases, has already secured bail in two of them. In the present case, the High Court has granted him protection from arrest for the time being. Following the allegations, the Indian National Congress had suspended him in August last year.
The current petition relates to a letter submitted on November 27, 2025, by a woman and her family to Pinarayi Vijayan, accusing the MLA of rape, forced abortion and recording private videos without consent, allegedly threatening to make them public.
During the hearing, the High Court questioned the prosecution on why bail should be denied solely because the accused had relationships with multiple women. The court noted that, based on the complainant’s own statements, the accused and the woman were in a consensual relationship prior to the alleged offence. The complainant also acknowledged that she had travelled to Palakkad and stayed with the accused for two days even after the alleged incident.
The court observed that the complainant had admitted to consensual sexual relations, prompting the judge to ask the prosecution to clearly explain whether the alleged act constituted consensual sex or forced sexual assault. “We are dealing with an offence under Section 376 (rape). Recording nude videos is a separate offence and, if proven, can be examined independently,” the court said.
After Wednesday’s hearing, the High Court reserved its order on the anticipatory bail plea. In his petition, Mamkootathil has admitted to having a physical relationship with the complainant but has maintained that it was entirely consensual. Meanwhile, the complainant has alleged that the MLA is misleading the court by presenting incorrect facts.
