Overview
- Justice Kauser Edappagath ordered Mamkootathil to appear for interrogation from February 16 for three days (10 am–4 pm), surrender his mobile phone and passport, avoid contacting the complainant or witnesses, and not leave Kerala.
- The order deems him in custody during questioning to facilitate investigation, including medical or potency tests, and requires his appearance before the investigating officer every second Saturday.
- If the investigating officer decides to arrest him during this period, he must be released on a bond of ₹1 lakh with two solvent sureties.
- The court noted WhatsApp chats and the complainant’s conduct as prima facie indicating a consensual relationship, referencing Supreme Court cautions against treating soured consensual relationships as rape, with final adjudication left to trial.
- The prosecution opposed pre-arrest bail citing the need for custodial interrogation and risk of influence, while the court found that necessity unproven; with this order he now has bail in all three cases alleging forced sex, coerced abortion, and non-consensual recordings under BNS and IT Act provisions.