SONY VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Section 438 of the Cr.P.C.

(2.) The applicants herein are the accused Nos. 1, 2 and 4 in Crime No.32 of 2018 of CBCID, Thiruvananthapuram. They face allegations of having committed offence punishable under Sections 376, 354, 354A, 506(i) of the IPC. Separate applications seeking anticipatory bail have been filed by the applicants. As the matter involves a common victim and the allegations are closely interlinked, these applications are considered and disposed off together.

(3.) The survivor is a married woman while the applicants herein are clergymen of the Malankara Orthodox Syrian Church. The husband of the survivor lady approached the Bishop of the Marthomma Church and submitted a complainant wherein allegations of gross sexual impropriety were alleged against the applicants and two others. This was leaked to the media from some quarters. A veteran political leader took up the issue and submitted a representation to the State Police Chief requesting for action. A preliminary enquiry was ordered by the State Police Chief. The survivor and her husband were questioned and after evaluating the materials made available, a report was submitted before the State Police Chief that a cognizable offence was made out warranting registration of a crime.