HC junks Mugilan's story, but grants bail

Madurai: Madras high court on Wednesday termed the kidnap claim made by social activist Mugilan a cock and bull story, but granted bail to him in a rape case registered by Karur CB-CID police, saying his continued incarceration will not serve any purpose. Mugilan alias Shanmugam has been in custody since July 10 for offences under IPC sections 417, 376 and section 4 of Prohibition of Harassment of Women Act.

The state public prosecutor pointed out that the petitioner had disappeared on his own on February 15 and surfaced on July 6. During the intervening period, an impression was created as if he was abducted by the Tamil Nadupolice and killed in a fake encounter. He stated that bail should be denied taking into account his abscondence.

Justice G R Swaminathan said the petitioner has been in the forefront of several struggles and movements like anti-Sterlite and jallikattu protests. He had led fights against the sand mining mafia. “While Abimanyu was encircled during Mahabharatha war, the petitioner appears to have been locked in a ‘Manmadha Viyuha’,” observed the judge. The court said that one can conclude from the FIR that the relationship between Mugilan and the woman, who is the complainant, was consensual. The complainant claimed she had sexual relationship with the petitioner as he had promised to marry her which turned out to be false. The woman was highly qualified and she knew the petitioner’s marital status. Though the relationship dated back to 2017, the complaint was lodged only on March 30, 2019.

The court observed that the state public prosecutor had earlier pointed out that there was every possibility of the petitioner vanishing again and may not even be available to face trial. Hence, the court had called upon the petitioner to explain where he was from February 15 to July 6. The petitioner filed an affidavit claiming that after he boarded a train to Madurai, he fell asleep, was abducted and threatened to give up his anti-Sterlite protest. He claimed that when he came to Tirupati, the Andhra Pradesh police handed him over to Tamil Nadu police. Describing Mugilan’s version as a cock and bull story, the judge referred to the phrase “Kadhu Kuthal” to best describe the situation. “Whenever somebody is trying to weave a fancy tale, this expression is used. I can only remark that the petitioner herein is attempting to weave a similar tale that could have been better narrated to a gullible child than the high court.”

Saying that the petitioner’s continued imprisonment will not serve any purpose, the judge granted bail to Mugilan on conditions including that he should appear before the Karur CB-CID inspector of police once in two days at 10.30am until further orders.