The Madras High Court bench ruled that a man accused by a woman's father of raping her was entitled to be granted bail if she denied the charge.
Granting bail to a petitioner, Justice S Vaidyanathan rejected the government advocate's contention that the man was not entitled for bail as he was already married and had children and had 'illegally' married the second woman and that police had registered a case on the complaint by the father-in-law of the second wife.
The Judge pointed out that the Petitioner had submitted that an original petition is pending in court for annulling the earlier marriage
The petitioner also submitted the affidavit of the woman (who also he has married) that she was his second wife.
The judge noted that this woman as not mentioned anything about an earlier marriage nor that she was a concubine and that if a child was born out of the relationship, it would be illegitimate. Hence the Petitioner was entitled for bail.
However if she filed a complaint that the factum of earlier marriage was not known to her, it was open to police to invoke IPC 376 (rape) against the petitioner and act accordingly, the judge said.
The judge then directed the petitioner to execute a bond for Rs 10,000 with two sureties each for like sum to the satisfaction of the Judicial magistrate.
The judge also directed him to sign before police at Vilathikulam in Tuticorin district daily at 10:30 AM.
