15.10.2018-Justice Raja Vijayaraghavan of the Kerala High Court on Monday granted bail [Bail Appl./6927/2018-BISHOP DR. FRANCO MULAKKAL Versus STATE OF KERALA] to Roman Catholic Bishop Franco Mulakkal, arrested over allegations of repeatedly raping and sexually assaulting a nun. While granting Bail condition imposed to the accused Bishop to surrender his passport and not to enter Kerala state except for appearing before the probe officer once in two weeks on Saturdays. This condition would be applicable till a charge sheet is filed in the case. Franco Mulakkal arrayed as an accused in Crime No.746 of 2018 of the Kuruvilangadu Police Station registered under Sections 342, 376(2)(k), 376(2)(n), 376(C)(a), 377, 506(i) of the IPC. The accused was arrested in connection with the above crime on 21.9.2018 and he remains in custody. He seeks regular bail through this application filed under section 439 of the CrPC. The registration of the above Crime is at the instance of a nun, who was formerly the Mother Superior of St. Francis Convent, Kuruvilangadu. She is a member of the Missionaries of Jesus Congregation under the Latin Catholic Diocese of Jalandhar. The applicant, being the Bishop, oversees the functioning of the St.Francis Convent, Kuruvilangadu.
Briefly, the allegation is that on 5.5.2014, the applicant herein, after attending a function at Chalakkudy, stayed in the St.Francis Convent for the night. The survivor was given some errands and late in the night she was invited to his room. It is alleged that when she entered the room, the applicant closed the door and after forcefully confining her, subjected her to sexual assault and rape. In her complaint, the nun states that she was intimidated by the dominant position of the applicant and this advantage was misused by him to commit repeated acts of sexual abuse. She specifically states that, since then, she was sexually abused and raped on 12 separate instances by the applicant at the St.Francis Convent during a span of about 2 years. The statement of the victim was recorded under Section 164 of the Cr.P.C. by the learned Magistrate wherein she has reiterated the allegations against the applicant in considerable detail.