Ex minister mankandan case THE HIGH COURT OF JUDICATURE AT MADRAS (Criminal Jurisdiction)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
CRL.OP. No. OF 2022
In
PRC NO.64 OF 2021
Shanthini,F/36,
Daughter of Theva,
Door No.E-108,
Madhuritha Apartment,
Besant Nagar,
Chennai-600090 …Petitioner
-Vs- The State
Rep. by Inspector of Police,
W19 – All Women Police Station,
Adyar, Chennai – 600 020.
…Respondent
AFFIDAVIT OF T.SHANTINI
I, T.Shantini, D/o.Theva, Malaysian, Hindu aged about 36, now presently residing at Door No.E-108, Madhuritha Apartment, Besant Nagar, Chennai600090, do hereby solemnly affirm and sincerely state as follows.
1. I respectfully submit that I am the petitioner herein and as such I am well acquainted with the facts of the case.
2. I respectfully submit that I am filing the present direction petition to transfer the PRC.No. 64 of 2021 pending on the file of IXth Metropolitan Magistrate Court at Saidapet to the Special Court for (Elected Members of Parliament and Members of Legislative Assembly) after completing the committal proceedings Section 417, 376, 342, 323, 352, 313, 506 (ii) of IPC and 67 (A) of IT act 2000 in Alteration FIR NO.423/2021. I further submit that originally a criminal case was registered by the respondent Police in Crime No. 5 of 2021 for the offences under Section 417, 376, 313, 323, 506(ii) of IPC and Under Section 67A of the Information Technology Act in Crime No.5/2021 on the basis of the complaint lodged by me.
3. I respectfully submit that the case of the prosecution is that I am a Malaysian Citizen and now presently residing in the above said address from the year 2017. I used to visit India frequently while I was working in the Malaysian
Tourism Development organisation. During the year 2017 I was called by one M. Manikankan, who was then Minister of Information Technology, Government of Tamilnadu and M.L.A., of Ramanathapuram Assembly Constituency, therefore I meet him in the Minister’s Bungalow on 03.05.2017. On that day I spoke with regard to Tourism Department and later he stated that he is interested in making investments in Malaysia therefore he wants to talk with me in this regard and got the my mobile number and informed to pick his call while he calling.
4. I respectfully submit that on the evening of the said meeting he started spoke with me and within a day or two he started speaking personally by prizing that I am beautiful and one point of time he told to me that he wanted to marry me. Further he had stated that his martial life is not going well as he is not leading a happy life with his wife, further his life would be happy and it is luck to have a girl like me in his life, further he had also informed me that he in love with me. Initially I refused his proposal; thereafter he convinced the petitioner that he will marry the petitioner legally by getting divorce from his wife. Believing his representations the petitioner agreed and lived as his wife in the above said address. The 1st respondent/accused used to stay with the petitioner when he was in Chennai. The petitioner used the car of the 1st respondent/accused bearing Registration No.TN-65-AL-4777 for her outing. The driver of the 1st respondent /Accused was the driver of the petitioner during those days. Neighbours were also aware that the petitioner and the 1st respondent/accused lead a life together. The petitioner and the 1st respondent/accused roamed as husband and wife to several places like Rameshwaram, Pondicherry, Tirunelveli and also stayed in the Tamilnadu House at Delhi. Further the petitioner was allowed to visit the Assembly as Visitor being the wife of the 1st respondent/Accused during the Assembly proceedings in the year 2019.
4. The petitioner states that when she insisted the 1st respondent/Accused to marry her lawfully, he informed the petitioner that he will marry her after getting divorce from his 1st wife and convinced the petitioner to live as husband and wife till such time. The relationship between the petitioner and the 1st respondent/accused is well aware by the servants and assistants of the 1st respondent /accused. This petitioner is having material proofs to show the stay of the 1st respondent/accused in the house of the petitioner.
5. The petitioner states that she got pregnant thrice out of the relationship with the 1st respondent/accused, at the instance of the 1st respondent/Accused the said pregnancies were got aborted on force at M/s.Lipemed Hospital at Gopalapuram, Chennai, owned by Dr.Arun, the friend of the 1st respondent/accused. Even thereafter the 1st respondent / Accused had physical relationship with the petitioner in a forceful and brutal manner. The petitioner tolerated all the acts of the 1st respondent/accused considering her future.
6. The petitioner states that she was also attacked by the 1st respondent/Accused, while she requested him to marry her legally, she had also taken treatment towards the said attack. While this being so, during the month of March 2020 the 1st respondent / accused promised the petitioner to marry her, but under the guise of nationwide lockdown he evaded from his promise stating that he was not in position to come to Chennai from his native place. The petitioner was also forced to go to Malaysia due to her health conditions during the month of August 2020 and returned to Chennai only during the month of December 2020. Immediately after the arrival to Chennai, the 1st respondent / Accused met the petitioner in person and convinced her and again started living as husband and wife.
7. The petitioner states that while the facts remains so, on 15th April 2021 the said 1st respondent/Accused went to his native town and he started threatening the petitioner to go to Malaysia without creating any problem or else he will upload the petitioner’s photographs in the social media, the 1st respondent/accused had also sent such photographs to the petitioner’s Telegram Account, though the petitioner requested him to delete such photographs, the 1st respondent/accused refused the same on the other hand he started abusing the petitioner with filthy language and also threatened her to go to his nation. Further the 1st respondent/accused had also caused life threat to the petitioner through one Mr.Bharani. Further he had also sent abusive messages to the petitioner by portray her as Prostitute and also he further stated that he will foist a false case against the petitioner as he is holding the cheque of the petitioner as well as several false case against her by using his political power and now the petitioner’s life is under danger at the hands of the 1st respondent/accused and the persons hired by him.
8. The petitioner states that the 1st respondent/accused on 22.05.2021 the 1st respondent/Accused contacted the petitioner’s counsel through his mobile No.9566614286 and introduced himself and sought his appointment, though the petitioner’s counsel refused to meet the 1st respondent/accused, he insisted him and met him in his office on 23.05.2021 (Sunday – Full Lockdown day) by travelling from Ramanathapuram to Chennai and attempted to convince the petitioner. Even during meeting the 1st respondent/accused was informed to marry the petitioner, but he refused the same, therefore the petitioner lodged the present complaint as against the 1st respondent / accused.
9. The petitioner states that she had lodged a complaint before the 1st respondent and the same was registered in Crime No. 5/2021 for the offences under Section 417, 376, 313, 323, 506(ii) of IPC and Under Section 67A of the Information Technology Act and after completing the investigation the 1st respondent police was altered FIR.No.423/2021 and filed charge sheet against the accused person i.e., the 2nd respondent herein before the Learned IXth
Metropolitan Magistrate Court at Saidapet and now it is pending for proceedings under Section 417, 376, 342, 323, 352, 313, 506 (ii) of IPC and 67 (A) of IT act 2000 in Alteration FIR.NO.423/2021.
10. The petitioner states that as per the advice and directions of our Hon’ble Apex Court, Special Courts were formed by the Government of Tamilnadu to try all the criminal cases including Sessions case and cases arising from (i) Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989), (ii) Protection of Children from Sexual Offences Act (POCSO) (Central
Act 32 of 2012),
(iii) exclusive trial of cases of offences against Women; (iv) Prevention of
Corruption Act, 1988 (Central Act 49 of 1988), (v) Communal Clash Cases Act,
(vi) Bomb Blast Cases; (vii) Land Grabbing Cases; as well as cases under Special Acts, Central Acts and State Acts, involved elected Members of Parliament and Member of Legislative Assembly of Tamilnadu vide G.O.(Ms).No.213 dated 26.04.2019. The very purpose of the constitution of the Special Court is avoid the inordinately delayed inquiries/investigation and/or criminal trials, pending against legislators under various enactments.
11. The petitioner states that the 2nd respondent herein is an Ex-Minister Information Technology of erstwhile government. After the sincere efforts of the police department, he was arrested and sent to judicial custody for the offences committed by him. Subsequently he filed Bail Petition before the Hon’ble High Court, Madras in Crl.O.P.No. 11282 of 2021 and bail was granted by the Hon’ble High Court on 07.07.2021 and the accused in the above case was released on bail on 22.07.2021. Now the 1st respondent had also filed Charge Sheet in PRC.No.64 of 2021 as against the 2nd respondent before the Learned IXth Metropolitan Magistrate Court at Saidapet, and the same is pending for proceedings Under Section 417, 376, 342, 323, 352, 313, 506 (ii) of IPC and 67 (A) of IT act 2000 in Alteration FIR.No.423/2021, after completion of the proceedings the same has been forwarded to the Special Court (MPs and MLAs) for Trial as the 2nd respondent is the Ex-Member of Legislative Assembly and Ex-Minister.
In the above said circumstances I humbly pray that this Hon’ble Court may be pleased to transfer the above PRC.No.64 of 2021 in Alteration FIR NO.423/2021 on the file of the learned IXth Metropolitan Magistrate Court at Saidapet to Special Court for MPs and MLAs cases and to expedite the trial within the time stipulated by this Hon’ble Court and pass such further or other as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this 14th day of February 2021
Counsel for Petitioner.
