Conditional bail is being granted to a former AIADMK Minister M. Manikandan by Madras High Court in a rape case. He was arrested on June 26, 2021 and was in judicial custody since then. He was charged of the offence of rape on the false pretext of marriage.
The High Court judge M. Nirmal Kumar while granting him conditional bail opined that there is a clear distinction between rape and consensual sex.
The facts of the case are that the complaint is a Malaysian citizen who in the year 2017 came in contact with the accused and thereafter they both were in relationships since then and started living together. However, the complainant was aware that the accused is a married man and have children as well, but she continued to live with her enjoying his wealth and lifestyle.
But in the complaint, she alleged that she was forced to undergo abortions many time and was harassed physically as well.
But the court hadn’t found any corroborative evidence that supports the allegations, that’s why the court granted him conditional bond on a personal bond of Rs. 10,000/-.
The Court also observed that, “The de facto complainant was aware of the fact that the petitioner was a married man and the marriage proposal of the defacto complainant was bound to be seriously opposed by the family members of the petitioner. Further, the defacto complainant had sufficient intelligence to understand the significance of marriage quality of the act she was consenting and she continued her relationship in secret till lodging of the complaint. The defacto complainant had shown no resistance to the petitioner’s overtures. Thus, freely exercised a choice between resistance and assent”.
However, the co-accused was granted anticipatory bail by the hon’ble court on 25 June, 2021, who was accused of threatening the complainant on behalf of the accused.