The Kerala High Court (HC) on Monday granted bail to Bishop Franco Mulakkal, an accused in a case relating to raping a nun.
The court, while allowing his second bail petition, ordered that the bishop be released on bail on his executing a bond for ₹2 lakh with two solvent sureties each for the like sum before the subordinate court concerned. The other conditions are that he should appear before the investigation officers on alternate Saturdays between 10 a.m and 1 p.m for two months or till the final report was filed, whichever is earlier; that he should not enter Kerala except for appearing before the investigation officers until the final report is filed; if, for any extraordinary reason, he wants to enter the State, previous permission has to be obtained from the court below; he should not leave India without the permission of the court; and that he should surrender his passport before the trial court.
The court observed that it appeared that the probe had reached the final stage. The statements of the witnesses had been recorded. The prosecution had no case that there was a danger of the accused absconding or fleeing. Also, the bishop had no criminal antecedents. So, the court was of the view that he could be released on bail.
The bishop, in his second bail petition, said the High Court had earlier dismissed his bail plea, citing the reason that the statements of several witnesses would have to be recorded. In fact, the statements of the witnesses under section 164 of CrPC had been recorded now. Therefore, the prosecution did not have to harbour any fear now that he would threaten or influence the witnesses. Besides, he no longer held the charge of the Jalandhar diocese. As a result, he was not in a domineering position to influence the witnesses or tamper with the evidence as apprehended by the prosecution.
The bishop has been in prison since he was arrested on September 21. The case was registered by the Kuravilangad police in Kottayam district on a complaint by the nun, who belonged to the Missionaries of Jesus under the Jalandhar diocese. She had alleged that she was raped by the bishop from May 5, 2014 to May 6, 2016 on 14 occasions in a room attached to the St. Francis Mission Home, Kuruvilangad.
His counsel also contended that further detention was not required since he was interrogated for hours before and after his arrest.
In his petition, he said the allegations levelled by the nun were “wholly concocted and cooked up only to wreak vengeance” for the action taken against her. He had argued that the nun was inimical towards him since she was removed from the post of Mother Superior and Kerala-in-charge on a complaint from her cousin and another nun.
