Kochi: The Ernakulam District and Sessions Court on Tuesday granted
anticipatory bail to Fr Paul Thelakkat and Fr. Antony Kallookaran in the
forged document case due to lack of evidence. The prosecution and the
police had failed to prove that they were involved in fabricating the
documents against Cardinal George Alencherry, Major Archbishop of
Syro-Malabar Church, the court said.
The court also held that Section 468 of IPC (forgery for the purpose of
cheating) charged against the two priests was not sustainable in the
absence of evidence.
The bail was granted on the condition that they should present themselves
before the investigation team every Saturday and execute two personal
sureties.
The court observed that the two were questioned by the investigation team
for seven days and that their custodial interrogation was not warranted at
this juncture. They are well-recognised persons in society and they qualify
for anticipatory bail, it said.
The counsel for the two priests submitted that they had only handed over
the documents that came to their possession to the superiors and.that the police had falsely implicated them in the case. Although the court had directed to submit the investigation report on Saturday, the counsel for the prosecution sought more time to study the report.
Meanwhile, the High Court declined to quash the FIR registered against
Bishop Joseph Manthodath, apostolic administrator of Ernakulam-
Angamaly Archdiocese, and Fr. Paul Thelakkat in the forged document
case. “How can we quash the FIR when the investigation is still on in the
matter?” the court asked when the matter came up for its consideration.
The two priests were free to seek bail, the court said and posted the case
for further hearing.
The decision of the district and sessions court to grant anticipatory bail to
the priests is a blow to the police and the supporters of Cardinal
Alenchery. The court’s finding that there was no evidence for the forgery
is a setback to the prosecution which said it will file an appeal in the High
Court against the verdict.
