கன்னிகளுடன் ஜான் ஜோஸப்பின் காமக் களியாட்டக்கள்!
இதை தமிழில் மொழிபெயர்க்க வேண்டிய அவசியமே இல்லை.
அப்படியே படம் பார்ப்பது போல, நீதிபதியே விவரித்துள்ளார்!
Sis Rani Alias Sahayarani … vs State Rep. By Inspector Of Police on 22 December, 1997
http://www.indiankanoon.org/doc/875618/
Sis Rani Alias Sahayarani Jayamari And Others vs State Rep. By Inspector Of Police on 22/12/1997
ORDER
1. The petitioners, Fr. John Joseph (A1), Br. Sandana Rajan (A2), Br. Maria John (A3), Sis. Rani (A4) and Sis. Femi (A5) are seeking bail from this Court in these two applications in the case registered for the offences under sections 147, 508, 506, 366, 376 read with 511, 302, 201, 312 and 120(B), I.P.C.
2. The facts are these :- Fr. John Joseph (A) hails from a village Arumanai Kavadithattu. Br. Sandana Rajan (A2) got married to the sister of Fr. John Joseph. Fr. John Joseph studied up to P.U.C. in 1969-70 at Madurai Arulananda College. He became Christian Father after finishing the Foster Course at Karaiyanchavadi, Poonamallee in 1980. He joined Kottar Diocesan. After some years, the Bishop Arockiyasami of Dioceasan expelled him from the Chruch.
3. In 1993 Fr. John Joseph started Charismatic Centre under a Trust at Marthandam. In the Centre the prayer used to be conducted between 9.00 am. and 3.30 p.m. Fr. John Joseph is the actual administrator of the Trust and overall in charge of the Centre.
4. Bro. Sandana Rajan (A2) is the Managing Director and Bro. Maria John (A3) is the close associate to A1 and A2 assisting them in all the activities relating to the affairs of the Trust and Centre.
5. The religious meetings conducted by A1 were attended by disciples from all over the District including large number of women, since they felt that their diseases are getting cured in the prayer.
6. The complainant in this case is one Franciskal Jaya. Her husband Joseph Alphones was appointed as a Co-ordinator of the Centre. He was provided with a separate room and he was entrusted with the work of managing the school and hostel.
7. At the instance of Fr. John Joseph, the said Joseph Alphonses with the help of others arranged to get loans from different Banks to the tune of Rs. 79 lakhs. Though this amount was collected by Fr. John Joseph, major portion of the amount was spent for constructing a big bungalow at Arumanai Kavadithattu, the native village of Fr. John Joseph. Only minor portion was spent for the construction of the school.
8. The people, who attend the prayer meeting, would also make kanikkai daily to the Centre. One Hiller Mary was appointed as a Treasurer of the Trust. All the amounts collected through donations, kanikkai and loan were spent in various ways only at the instruction of Fr. John Joseph.
9. The said Joseph Alphones, the Co-ordinator, Bro. Sandana Rajan and Bro. Maria Johnn and others collected huge amount and jewels from about 39 persons. When the persons, who gave loans, insisted for the payment, Fr. John Joseph assured them that he would be able to get foreign donations in the near future and that he would discharge the loans.
10. In the mean time, Fr. John Joseph arranged to get the cheque from the said Joseph Alphones and the Treasurer Hiller Mary, in order to hand them over to the Bank as security. Gradually Joseph Alphones came to know that the amount was not spent for the purpose, which is intended for.
11. There was rumour that Fr. John Joseph was having illicit intimacy with the two Sisters Rani and Femi, who have been given the job of looking after the Father and women patients.
12. There were two boys, viz., Rajesh and Darwin in the Trust. It was the usual practice that the Fr. John Joseph used to call the boy Rajesh of 19 years old to come to his room either in the day or in the night time and compel him to have intercourse with Rani in his presence. While they had intercourse, he used to enjoy at seeing the same. Then, after he got the tempatation, used to have intercourse with the said Rani by taking her to his bed.
13. Similarly, the boy darwin was used to be summoned to the Father’s room. There, he would be asked to have intercourse with Femi. Thereafter, the Father would have sexual relationship with the said Femi.
14. One day, Joseph Alphones happened to see the compromising position of Fr. John Joseph with Rani. When this was resented by Joseph Alphones, the Father began to thereaten him. From then onwards, he was not assigned any important job.
15. Two years back one Kilbert Raj came to Ashram, the Centre, in order to help the Father hoping that he could do the God’s work to his satisfaction.
16. One day the said Kilbert Raj, who became very close to Father and secured a very good name among the disciples, since he was preaching in the meeting in a most attractive manner and he was popularly called as ‘Kutty Yesu’, came and told Joseph Alphones that the Father used to compel him to have a sexual intercourse with Rani and that when he refused for the same, the Father used to beat him and torture him.
17. On 8-10-1995 at 6,.00 p.m., Joseph Alphones heard a sound in the Father’s room. So, he went and saw Kilbert Raj was beaten severaly by the Fr. John Joseph, Bro. Sandana Rajan and Bro. Maria John. He retalited saying that he would go outside and expose them. Even thereafter he was continuously beaten. The boy fell down and became unconscious.
18. Thereafter, the boy was taken from there and left in the house of his parents. The parents admited him in a private hospital. Despite treatment, on 14-10-1995 he died.
19. On receipt of the information, the Father and Brothers arranged to remove the body from the Clinic and burried it in the Centre itself and this burial process was done quickly.
20. Previously, Joseph Alphones admited his daughter Diana in the school run by the Centre and he got admission in the hostel also for his daughter.
21. On 18-11-1996, since he was not well, he went to his house and took rest. On 19-11-1996 at 4.30 a.m. Diana and her friend Kiliofom came to his house. When she was asked as to why she came in the early morning, both of them wept and did not make any reply. Then, he told her that she could stay along with him in the room at the Centre.
22. Then, one week later, the complainant, the wife of the said Joseph Alphones told him that Diana, their daughter, escaped from the hostel on 19-11-1996 early morning and came to their house along with her classmate because in the early morning Fr. John Joseph attempted to molest her.
23. On getting the above information, the husband of the complainant went and questioned the Father and wept before him. But, he was threatened to go out. On the same night, Bro. Sandana Rajan and Bro. Maria John came to his room and beat him repeatedly with their chappels on his chest, cheek and back, When Diana was present in the room.
24. In the mean time, one Shahul Hameed gave a complaint to the police stating that he was cheating to the tune of Rs. 7 lakhs by Fr. John Joseph, Sandana Rajan and others. In respect of this complaint the Father and Brothers and Joseph Alphones were arrested and thereafter released on bail.
25. From 15-4-1997 Joseph Alphones stopped attending the Centre. In the meantime, he had a heart attack twice and took treatment at Holy Cross Hospital.
26. Previously, the complainant informed one Anjalal through phone, who is the sister of Fr. John Joseph, about his illegal activities. Therefore, on 5-9-1997 on receipt of this news, at about 11.00 a.m. the petitioners and others came to the house of the complainant with the weapons and forcibly dragged her outside the house and attempted to abduct her in car. Joseph Alphones prostrated before Father and requested to leave her. So, when the people around the area gathered, the accused persons left them and sped away from the scene in the car.
27. Thereafter, the complainant Franciskal Jaya gave a complaint to the police. This was registered in Crime No. 917/97 for the offences referred to above.
28. The respondent after taking up the investigation, went to the Centre and examined the witnesses and the accused. The body of the said Kilbert Raj buried at the Charismatic Centre was exhumed and sent for chemical report.
29. Apart from the statements recorded under section 161 of the Code of Criminal Procedure, from the witnesses, their statements were recorded in the Video and Audio Cassettes. The accused also have freely answered to the questions posed by the press and the public.
30. During the course of investigation, the boys Rajesh and Darwin have stated that they had intercourse with Rani and Femi respectively, at the compulsion of the Fr. John Joseph.
31. Diana also gave a statement stating that Fr. John Joseph, when she was going to Bath room at about 3.00 a.m. in the hostel, came and caught hold of her and attempted to molest her, that she escaped from the hostel along with her classmate by scaling over the wall of the hostel and that they reached home by getting a bus in the early morning, at about 4.30 a.m.
32. Furthermore, Rajesh, Darwin and Diana as witnesses have given statements under Section 164, Cr.P.C. to the learned Judicial Magistrate, Pandanabhapuram. In their statements also they have stated about the illegal activities of the Fr. John Joseph.
33. Rajesh and Joseph Alphones in their statements narrated the incident in which Gilbert Raj was severaly beaten by Fr. John Joseph, Bro. Sandana Rajan and Maria John.
34. The Doctors have also conducted potency tests on Fr. John Joseph and the two boys. They have given certificate that both Rajesh and Darwin are potents.
35. The Expert opinion was also obtained after semen examination in respect of Fr. John Joseph to the effect that the person examined is potent and fertile, since 50% active motile sperm was found in the semen collected from him. In fact, Fr. John Joseph himself masterbated and gave a sample of 1.5 ml. semen. Viscosity was normal and reaction was alkaline. In fact, the Doctor has not adopted the prostratic massage to obtain semen. The, Doctor suggested that Fr. Joseph could have had intercourse a few weeks prior to the examination.
36. After conducting tests on the woman Rani and Femi, the Doctors gave opinion that both are fit for sexual intercourse and that there is a possibility of previous sexual intercourse experiences.
37. As far as Rani is concerned, the Doctors said that the uterus was removed in 1977 and so they cannot say about her pregnancy capacity and her previous abortion. As far as Femi is concerned, they opined that there is a possibility of intercourse experience and she is fit for pregnancy and there is also a possibility of previously pregnancy and any abortion. They also stated that on their examination on Femina Rose they found the cervical opening as “Transverse” and this would normally occur due to abortion or child birth. Both of them have stated to the Doctors, when examined, that they are unmarried.
38. As far as the death of Bilgbert Raj, the medical opinion obtained from the Expert on examining the skull and bones is to the effect that no definite opinion can be given regarding the cause of death of the deceased, because the body was disposed of without post-mortem, but, however, the signs and symptoms noted on the deceased are consistent with the death due to head injury and the complication thereof.
39. The petitioners were arrested on 5-9-1997. During the course of investigation, they filed bail applications before the Sessions Court and the same were dismissed. Hence, these petitions before this Court.
40. Mr. Selvaraj, appearing for the petitioners, would press into service the following contentions :-
(1) On 4-9-1997 itself the petitioners were taken to Aralvaimozhi police station and beaten. Thereafter, they were taken to Kottar police station and then to Armed Reserve Camp at Maravanjudiyiruppu. There they were beaten. The Sisters were striped naked and inhumanly treated. Thereafter, they were taken to Thuckalay and from there to Kuzhithurai police station. There also they were beaten. On 6-9-1997 they were taken to Charismatic Centre and made to speak the T.V. and Press stating that they had committed the offences. On the compulsion of the police, the petitioners had to speak against themselves, that too, untruth. Therefore, the petitioners have been falsely implicated.
(2) There is no evidence for the murder, since Gilbert Raj whose body was exhumed died a natural death. There is also no evidence for rape.
(3) Though the complainant’s husband knew about the alleged murder and attempt to rape long back, he did not choose to inform the police. Therefore, the complaint by his wife cannot be taken as a true one, because it has been given with inordinate delay.
(4) The petitioner, Fr. John Joseph filed a writ petition before this Court and obtained direction for a team of three doctors to examine the petitioners and sisters and to submit a report regarding the injuries caused to the petitioners and others. Accordingly, the report has been submitted to the writ Court and the same is in the custody of the Additional Registrar (Judicial). The report would show that they were tortured by the police. They may be permitted to rely on the affidavits in the writ petitions and the medical report.
(5) The complaint has been given by the wife of the Joseph Alphones, who was the Managing Trustee of the Trust and Correspondent of the school. He borrowed money and caused heavy financial burden. He has caused on F.I.R. to be filed through his wife with an ulterior motive by using his influence with the police. The Police Officer and Joseph Alphones are acting in collusion. The Imperial Bankers who claim that they have advanced heavy loan to the Chrismatic Centre are also appear to be at the background.
41. Per contra, the Government Advocate, representing the State, on the strength of the counter filed by the respondent in this Court, would vehemently oppose these applications stating that there are sufficient prima facie materials available against the petitioners for the offences referred to above and that the petitioners never complained about the alleged ill-treatment given to the petitioners at the hands of the police at any time before the Magistrate on various dates on which they were produced and as such, the present version regarding ill-treatment is a belated one and the same has been made with an oblique motive to show the investigation is mala fide, whereas the investigating agency have recorded statements under section 161, Cr.P.C. from the witnesses and under Section 164, Cr.P.C. from the witnesses as well as the accused. He would also submit that the statements recorded in the Video and Audio Cassettes would go to show that their statements were voluntary and the same have been made without any coercion.
42. In view of this representation made by the Government Advocate, this Court ordered for the Video to be telecasted by T.V. in the open Court. In accordance with the direction, in the presence of the counsel for both, Video film was seen and the Audio Cassette also was produced before this Court.
43. I have carefully considered the rival submissions made by the respective parties and gone through the case diary, and other records produced along with the petitions and the counter.
44. At the outset, I may mention that there are enormous materials collected by the investigating agency during the course of investigation, in order to establish the accusation levelled in the complaint given by the wife of John Alphones.
45. In October, 1995 Gilbert Raj was alleged to be beaten by three petitioners. This is spoken to by Joseph Alphones, Rajesh and Darwin both in 161 and 164 statements.
46. It is stated that Gilbert Raj was closely moving with John. Joseph and used to attend prayer meetings and make preachings, so as to attract every disciple. In fact, he used to be called as a ‘Kutty Yesu’ in the Centre by all the disciples.
47. According to Joseph Alphones, Gilbert Raj informed him that he was compelled to have illicit intercourse with Rani against his will by Fr. John Joseph. Though he was very close to John Joseph, there is no reason as to why Fr. John Joseph did not arrange to give treatment to the said ‘Kutty Yesu’.
48. According to the prosecution, he was beaten and after he lost his consciousness he was taken and left in the house of his parents. Thereafter, the parents admitted him in a Private clinic, where he was alive for five days.
49. According to the Doctor, he was not able to speak coherently. Throughout he was serious. There is no reason as to why the Father and Brothers have not cared to see the ailing ‘Kutty Yesu’ in the hospital, even though he was in a serious condition. After death, the Centre/people immediately removed the body from the Clinic and hurriedly buried the body inside the Centre. As referred to above, the Doctor also has given opinion that though there cannot be any definite opinion about the cause of death, it might be due to the head injury and the complication thereof. So, at this stage, this Court cannot come to the conclusion that there is no evidence for the murder.
50. Regarding the attempt to rape, the statement of Diana is to the effect that whenever she goes to the Father John Joseph’s room, he used to touch her chest and other parts, that thereafter she did not like to go to him, that on the date of occurrence, when she went to bath room at 3.00 a.m. in the hostel, Fr. John Joseph, who was standing there, came near to her and attempted to molest her and that immediately she escaped from the hostel along with her class-mate and even in the early morning at about 4.30 a.m. she reached home. Though initially she was not inclined to tell her mother about this incident, one week later she informed her mother. Only thereafter, both father and mother decided to complain to the other people at the Centre. Therefore, even with regard to attempt to rape, there are materials available as found in the statement of the victim Diana, who is aged about 13 years.
51. Regarding the compulsory sexual intercourse between the boys of 17 years with the women of 27 years and 34 years, the statements of Rajesh and Darwin are available. Therefore, there are sufficient materials warranting the action by the police against the petitioners.
52. As far as these sort of accusations are concerned, especially at the risk of life, the delay in reporting to the police cannot be considered to be a ground to straightway say that the complaint is a false one. In this case, Joseph Alphones was waiting for a long time patiently, since he was often threatened that he would also be murdered.
53. Even on the date of the complaint, the petitioners all came in a car and tried to abduct the complainant, in order to prevent her from exposing them to the public. For this incident also, there are independent witnesses examined by the police, who are the residents of the same area.
54. Yet another strange argument has been placed before this Court by the counsel appearing for the petitioners stating that this Court has to take into consideration the affidavits filed in support of the writ petitions and the counter-affidavit filed by the Superintendent of Police and the medical report obtained from the team of Doctors, who have been directed by this Court to examine the petitioners and to submit the report regarding the injuries caused on the petitioners.
55. So, by stressing upon the need to consider the said document, the counsel for the petitioners insists this Court to come to the conclusion that the statements obtained by the police from the witnesses and the accused are all under threat and coercion and after they were being beaten by the police.,
56. The contention of the counsel on the strength of this submission in brief is that this Court could consider the said aspect and then release the petitioners.
57. At this stage, I must point out the concession given by the petitioners’ counsel at the time of making submissions before the Writ Court, which has been incorporated in the order passed by the Honourable Justice Padmanabhan. The relevant portion of the observation in the order is as follows :-
“It is represented by the Public Prosecutor that the said accused persons have already moved this Court for bail and that the enquiry ordered by this Court in this writ petition shall not he put against the prosecution and the prosecution case should not be prejudiced or jeopardized. In this respect, the learned counsel for the petitioner fairly states that this Court’s direction will not be relied upon and that the bail applications and other applications or other proceedings shall be decided independently on merits.”
58. Having made such a submission stating that bail applications shall be decided on merits, now the counsel for the petitioners would state in his petition for bail that the medical report and the affidavits filed in the writ petition should also be taken into consideration to consider the bail.
59. In my view, with the great respect to the counsel, this approach is not proper. This Court cannot be asked to deal with the bail application only in a particular manner.
60. Furthermore, having submitted that materials before the Writ Court shall not be considered by this Court, while dealing with the bail application, I am not able to comprehend as to why now the very same counsel insists this Court to take into consideration of the direction by the Writ Court and the material available before the Court and the medical report obtained in pursuance of the direction for the purpose of granting bail in this case.
61. However, I must point out, as correctly stated in the counter, that there is no complaint whatsoever about the alleged ill-treatment by the police either on 6-9-1997 on which date they were produced before the learned Judicial Magistrate No. 1, Kuzhithurai, at the time of remand or on subsequent dates of production on 19-9-1997 and on 3-10-1997 and thereafter on so many dates on which the remand was periodically extended by the Magistrate. The alleged ill-treatment is only mentioned in the writ petition dated 13-10-1997 and in the bail application dated 6-11-1997.
62. So, in order to find out whether such a statement given by the accused and the witnesses under threat, I have seen the Video. In the Video answers given by the Fr. John Joseph, Rani, Rajesh, Diana have not shown any trace of fear either in their faces or in their voices in the scene telecasted while they were interrogated by the Police Officers. In my view, they have given answers without any reluctance or any inhibition.
63. Even according to the counsel for the petitioners, the Video was filmed on 6-9-1997. I have also heard the Audio cassette. There also, I am not able to feel from their voice any such trace of their having been subjected to any threat. So, in view of my observation on Video and Audio. I cannot come to the conclusion that their statements were only under compulsion. However, this observation of mine may not be used in any other proceeding, since this is my subjective observation. Therefore, this ground also does not hold good.
64. Now, during the course of argument, the Government Advocate brought to the notice of this Court that after finishing investigation, the charge-sheet has been filed on 3-12-1997 and the case has been taken in P.R.C. No. 21/97 on the file of Judicial Magistrate No. 1, Kuzhithurai.
65. In the counter filed by the Government Advocate the bail application is opposed on the ground that the petitioners, who wield great influence in the area, in the event of their release, would tamper with the witnesses and it would also scare the witnesses, who come forward with the truth against them.
66. He has also brought to my notice that recently two cases have been registered in Crime Nos. 1208/97 and 504/97 under sections 452 and 506(ii) and 365, I.P.C. The first complaint has been given by the brother of Rajesh alleging that the men belonging to the petitioners group came in a car with dangerous weapons on 10-12-1997 and threatened the brother of Rajesh that Rajesh should not support the prosecution case and that he should come to Madras High Court to file an affidavit to the effect that he was threatened by the police to give such false statement or otherwise they would forcibly kidnap Rajesh and Darwin and would make them to give a statement against the police and that they would also kill his entire family.
67. Yet another complaint has been given by John Heraled alleging that on 9-12-1997 at about 7.30 p.m. three or four persons in a white Ambassador car came to the house of Darwin and took him forcibly and put in the car and then sped away. This complaint has been registered for the offence under section 365, I.P.C.
68. I have also gone through the case diaries in the above crime numbers. These would show that this is a clear case of tampering of the evidence and threatening the witnesses in a case of serious nature like this.
69. The case of the prosecution is that the petitioner John Joseph calling himself as a father has compelled his women disciples, who are called as sisters, aged about 30 years, to have sexual intercourse with the young boys by saying that it is a God’s will. It is also the case of the prosecution that he will have intercourse with such ladies stating that his intercourse with them will cure the brain fever.
70. It is quite unfortunate and the most startling factor to see that John Joseph, a Christian Father, who was renounced the world, who is engrossed in spiritual activity and who has thousands of disciples all over the District, under the garb “saint and service” instead of guarding “self-control” as a treasure, deviated from that path and alleged to have indulged in seeing the innocent minor boys having compulsorily intercourse with the old unmarried sisters thereby getting temptation and then to have intercourse to satisfy his lust. It is the most distressing feature.
71. In this land of earth, which is so spiritual, it is preached that the woman must be treated like mother. Swami Ramkrishna Paramhansa, in fact, treated his wife as ‘Mother God’.
72. The people come to the Ashram after getting disgusted in the material life, in order to get the God’s love and enjoy the Divine pleasure, especially, the women, who are not treated properly in the houses. They find solace in joining the gathering of “Sathsang” and singing the songs, praying the God for relief.
73. It is most pathetic to see that the victim women in the material life again become the victims at the hands of the so-called priest, who took advantage of the respect and reverence that the women have for the Christian Father. If such a thing is allowed to happen, the people, in the course of time, will lose faith in spirituality. Therefore, it is high time for the Institution concerned to take suitable action against these persons, so that the God will be saved from the so-called Godly man.
74. Similarly, the other petitioners, namely, Sandana Rajan and Maria John calling themselves as Brothers have attacked along with the Father John Joseph, the said Gilbert Raj, who was called as ‘Kutty Yesu’. That resulted in the burial of the dead body of the said Gilbert Raj in the Centre itself. Therefore, this Court, while considering the bail application, has to weigh the gravity of the offence and the manner how committed, as that alone would be the relevant consideration.
75. No doubt, liberty of a citizen must be protected by the Court. Nevertheless when a person is the accused of a serious offence like this, the Court has to keep in mind the interest of the prosecution and near and dear of the victim, who lost his life and who feel helpless and believe that there is no justice in the world, so that parties do not lose faith in the Institution and indulged in their own ways for private retribution.
76. The Court should not be unduly influenced by the concept of liberty, disregarding the facts of the case. When a person is involved in an offence of the present nature, no doubt it is true, one has to undergo indignity and lose liberty as an under-trial and it is a necessary consequence in every criminal case, more particularly in a serious case of this nature.
77. The Apex Court would often hold that when a decision in a bail petition has to be made mainly in serious cases, the Court has to see the nature of the crime, the circumstances under which it was committed, the background of the accused, the possibility of his jumping bail, the impact that his release may make on the prosecution witnesses, its impact on the society. Each case has to be judged in the light of the facts and circumstances disclosed in that case. The issue of bail has to be decided on relevant criteria and not on emotional appealing.
78. The two paramount considerations, according to the Apex Court, would be very decisive factors in exercising the judicial discretion of granting or refusing bail; they being likelihood of accused fleeing from justice and his tampering with prosecution evidence, relating to ensuring fair trial of the case. It is essential that due and proper attention should be bestowed on these two factors.
79. In this case, as pointed out above, apart from the enormous influence the petitioners wield, the attempt made on the petitioners’ side to threaten the witnesses, as is evident from the two cases recently registered, would also go to show that it is not desirable to grant bail to the petitioners.
80. Though charge-sheeet has already been filed, the tampering has two phases, one during investigation, preventing the investigating agency from collecting the evidence and the other during trial, preventing the prosecution from placing the evidence so collected before the Court.
81. As per the decision in Swami Premananda v. Inspector of Police, C.B., C.I.D., 1996 (2) LW (Crl) 660 : (1996 Cri LJ 3884), as Hon’ble Justice C. Shivappa puts it, “if by proper safeguard, the evidence collected during the investigation is not allowed to be preserved and placed before the Court and if in the intervening stage, through the operation of extraneous forces the evidence is allowed to be undermined or erased, the entire investigation becomes an exercise of futility and the guilty escapes the arms of justice.”
82. In the light of the above observation, the possibility of evidence collected in the investigation, being tampered during the course of trial is a serious aspect, to which the Court has to give due consideration.
83. In the instant case, keeping in view of the position of the petitioners and the status of the victims and the nature of the evidence so collected and the alleged attempt made by the men of the petitioners to threaten the witnesses, the release of the petitioners will have an impact in tampering with the materials collected by the investigating agency.
84. Therefore, I am of the view that the release of the petitioners A1 to A3 is not conducive for a fair trial, since the constitutional discretion against personal liberty has to be construed in a practical way. So, as far as these petitioners A1 to A3 are concerned, the petitioner is dismissed.
85. However, as regards the petitioners A4 Rani and A5 Femi, the materials collected from the witnesses and the statements made by them, as recorded in the Video and Audio Cassettes, would make it clear that they have indulged in the sexual intercourse with the boys only under the compulsion of Fr. John Joseph thinking that they were doing in the God’s name, in order to cure the diseases that the boys had. Therefore, it should be considered as victims of circumstances they have participated in the alleged incident. Therefore, as regards the women, I feel that they could be released on bail subject to some conditions.
86. The petitioners in Crl. O.P.No. 15607 of 1997 (Rani and Femi) shall be released on bail on each of them executing a bond for a sum of Rs. 10,000/- (Rupees ten thousand) with two sureties each for a like sum to the satisfaction of Judicial Magistrate No. 1, Kuzhithurai and on condition that they shall report before the woman Inspector of Police in the respondent’s jurisdiction daily at 10.00 a.m. until further orders.
87. I may make it clear that any observation made in this order will have no bearing on the merits of the case in the trial.
88. Order accordingly.
இந்தியாவில் கிருத்துவம் 