The Madras High Court, Madurai Bench has relaxed the bail conditions of social activist Mugilan alias Shanmugam, who has been charged with offences under section 417 & 376 of Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of women Act, 2002. The Court has directed the petitioner to appear before Karur CB-CID Inspector of Police, once in a week, thereby relaxing his bail conditions.
Brief Facts:
On 31/03/2019 the complainant aged 37 years filed a complaint against the social activist Mugilan alleging rape and cheating. The complainant has accompanied Mugilan on various protests such as Jallikattu and sterlite protests. She alleged that Mugilan has entered into relationship with her on the promise of marriage. The police registered FIR against him under section 417 & 376 of Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of women Act, 2002. However the accused was found to be absconding since February 2019. Later on 06/07/2019 he was taken custody by the CB-CID. Since then the accused has been in judicial Custody.
The accused filed an application before the Madras High Court, Madurai bench praying grant of bail stating that he was co-operative to the investigation and his judicial custody was no longer essential as the charge sheet has been filed. On 13th November, 2019 the Learned Judge Justice G.R. Swaminathan while granting bail imposed a condition that the accused is required to appear before the Karur CB-CID Inspector of Police once in two days in addition to the execution of bond with 2 sureties. He further ordered that in case of breach of the conditions the magistrate or the trial court could take appropriate action against the accused in accordance with law.
Key Features:
1. While granting bail the court observed that the relationship between the complainant and the accused is more of a consensual relationship.
2. The court further observed that the complainant and the accused were in relationship since 2017 but the complaint was filed only on 31/03/2019.
3. The Learned Judge opined that the complainant has entered into this relationship with 53-year-old accused well aware of his marital status.
4. He further opined that claim of complainant that she has consented to the relationship only on the promise of marriage is not quite impressive as the complainant is well read and is an employee of a software company.
5. The court rejected the additional affidavit of the accused claiming abduction and torture as reason for his disappearance and has observed that the facts in affidavit is nothing but a well woven story.
6. On the apprehension of disappearance of the accused the court observed that the disappearance of the accused has no relevancy to the case in hand as he went missing on since 15thFebruary, 2019 wherein the complaint was lodged only on 31/03/2019.
Order on 13th November, 2019
On 13th November, 2019 bail was granted to the accused upon certain conditions to prevent him from absconding and to ensure his appearance for trial taking note of his previous conduct. The court observed that Since the accused was missing since February 2019 and was later surfaced only on 06/07/2019, it is essential that his appearance for trial to be ensured. Hence the Learned Judge directed the accused to appear before the Karur CB-CID Inspector of Police once in two days on 10.30 AM in addition to the execution of bond of Rs. 10,000/- with two sureties.
Order on 13th January, 2020
In the beginning of this year, Mugilan moved an application before the Madras High Court Madurai Bench seeking relaxation of conditions of bail. On 13th January, 2020 Justice G.R.Swaminathan heard the petition and relaxed the bail condition.
The court has ordered the social activist Mugilan to appear before the Karur CB- CID Inspector of Police once in a week relaxing his bail conditions to appear before the said authority once in two days.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
End Notes:
1. Latest Laws, High Court grants Conditional Bail to Environment Activist Mugilan in Rape case, https://www.latestlaws.com/latest-news/conditional-bail-to-environment-activist/ (last Visited on 15th January, 2020).
2. The Hindu, Court Grants bail to activist Mugilan, https://www.google.com/amp/s/www.thehindu.com/news/national/tamil-nadu/court-grants-bail-to-activist-mugilan/article29966661.ece/amp/ (Last Visited on 15th January, 2020) .
3. Times of India, Madras High Court relaxes bail Condition of activist Mugilan in rape case, https://www.google.com/amp/s/m.timesofindia.com/city/madurai/hc-relaxes-bail-condition-of-activist-mugilan-in-rape-case/amp_articleshow/73236067.cms (Last Visited on 15th January, 2020).
