Madras HC Grants Conditional Bail To Former Aiadmk Minister M. Manikandan In Rape Case

Who are the Parties to the case

• The case is Dr. M. Manikandan v. State.
• The petitioner is M. Manikandan.
• He is a former minister of the All India Anna Dravida Munnetra Kazhagam (AIADMK).
• The complainant is a Malaysian citizen.
• She worked with the Malaysian Tourism Department and Corporation.
• She also has been a part of the Tamil and Malayalam movie industries.

Factual Background

• The complainant and the petitioner had come in contact during the work of the complainant.
• The petitioner had showed his interest in starting a business in Malaysia and later they started living in a live-in relationship.
• They lived together for 5 years and the complainant has alleged that despite promises of marriage, he did not marry her and she was subjected to physical harassment.
• She has also claimed the petitioner to have forced her to undergo abortions numerous times over the years.
• The petitioner was charged under Sections 417, 376, 313, 323 and 506 (i) of IPC and 67-A of IT Act.

Court’s Observation

• The complainant was not uniformed of the petitioner being married and with children.
• Evidences to prove forced abortions were not presented.
• The relationship was voluntarily entered into by the complainant and the continuation was consensual as the petitioner had lost his ministership.
• The sexual relationships were also voluntary and she was intelligent enough to understand the objections that they would have faced for marriage from the family of the accused.
• The petitioner was released on a bail for a bond of Rs. 10,000 and other conditions laid by the Court.

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