KOCHI: Dismissing the petition seeking a directive to arrest Franco Mulakkal, Jalandhar Bishop, the Kerala High Court held the decision with regard to the arrest of the accused should be taken at the earliest. The petitioner alleged even after registering the FIR and recording the statement of the victim, the police have not arrested the accused yet. The victim’s statement alone is enough to arrest the accused, stated the counsel.
The prosecution submitted it has been decided to interrogate the bishop with the assistance of Punjab Police. The investigating officer(IO) will take a decision on the arrest after considering the evidence collected so far.
The court appreciated the ongoing police investigation and observed it is always safe to conduct an investigation without going public with the details. The steps taken by the investigation officer showed the team had adopted a proactive role in the matter of investigation.
Merely because the accused is yet to be arrested is no ground to say the investigation is not on the right track. The court also rejected the plea for a court-monitored investigation. The prosecution submitted there was an attempt on the part of a priest to influence a witness.
‘no lackadaisical attitude’
The court noted a complaint lodged against the victim is also pending before the police. Under these circumstances, there was no error in conducting a detailed probe before making the arrest. There was no lackadaisical attitude on the part of the investigation officer in the case, the court observed.
Court directive
■ The HC directed Cardinal George Alenchery to ensure no person under diocese circulate anything pressuring or intended to influence victim.
■ It directed the Church authorities not to circulate any leaflet or pamphlet touching on the moral character of the survivor. If any such leaflets were circulated, the police should take immediate steps in accordance with the law.
■ The petitioner had alleged the Church authorities had circulated leaflets which besimrched the nun among the faithful.