Kochi: A single judge of Kerala High Court on Wednesday rejected the bail petition moved by nun-rape accused Bishop Franco Mulakkal who submitted that he is framed in the case.
The court rejected the bail application and said that prima facie the charges cannot be rejected after a perusal of the case diary, the statements and evidence submitted by the prosecution and the victim’s submission.
The court said that since the Bishop holds a higher position and power in the Church than the nun, the statement of the nun need not be looked down up on with suspicion prima facie. The evidences collected so far also do not prove the allegations wrong at this point of time. The explanation given by the prosecution on why the nun did not reveal the rape earlier is satisfactory. The sections imposed in the case are all serious. The court also pointed to the three cases charged in different police stations related to bid for tampering and destroying of evidences and influencing witnesses.
The court felt that the presence of the accused in the open will obstruct proper investigation and discharge of justice in the case. More submissions have to be recorded under Section164. The stand of the Bishop that the nun leveled the allegations against him out of vengeance because he took action against her on complaints cannot be accepted at this stage, the court said. It also felt that the investigation is at a crucial stage and the contention of the government that the accused will sabotage the investigation cannot be rejected at this stage.
