KOCHI: Opposing the bail plea of Jalandhar Bishop Franco Mulakkal, arrested on charges of raping a nun, the state government on Thursday submitted before the High Court the statements of five nuns and two others have to be recorded under section 164 of the CrPC. If bail is granted at this juncture, it will adversely affect the investigation, it said.
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According to the prosecution, the investigation has to be carried out in Jalandhar to verify the statements of the accused and collect some evidence. The bishop had raped the victim, who hails from a poor family, repeatedly on different dates. The accused was a terrifying authority for all the clergy under him and they were dancing to his tune. Hence, all of them stood against the survivor, it stated.
Four other cases have been registered at different police stations for trying to influence witnesses in the case at the instance of the accused. Around 10 acres of land and `5 crore were offered to witnesses who were in favour of the prosecution.
The petitioner submitted the allegation the bishop committed rape was false. He was arrested while his anticipatory bail plea was pending before the High Court. Therefore, his arrest was improper. The accused was in police custody for three days and he had cooperated with the investigation. He was interrogated for eight-nine hours each on three continuous days. Hence, further detention of the petitioner is not required for the completion of the investigation, the counsel stated.
According to the prosecution, for the sole reason that the accused had appeared in pursuance of the notice issued under section 41 (a) of the CrPC, it cannot be said no arrest of the accused can be made.
The court will pronounce the verdict in the bail plea on Wednesday.