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Judgment
The applicant is the sole accused in Crime No.266/2020 of Ulikkal Police Station, for having allegedly committed offences punishable under Section
420 IPC.
The prosecution case, in brief, is that while the applicant was acting as the Secretary of St.George Malankara Catholic Church, he collected
Rs.5,46,256/- from various parishioners for the purpose of the construction of a new Church building and the decision to construct the Church was
taken in the year 2017 and he allegedly misappropriated the entire amount for himself and cheated the parishioners. The de facto complainant is the
present Secretary of the Church Committee. The applicant states that it is one Fr. Jose Munduvelil who was the Vicar of the Church who was dealing
with the amount. The construction work was also led by the said Vicar and the applicant cannot be made responsible for the misappropriation of the
amount.
Heard the learned counsel for the applicant and the learned Public Prosecutor. The learned counsel appearing for the de facto complainant was
also heard.
Considering the fact that the applicant has admitted that he was the Secretary of the Committee which was initially constituted for the purpose of
construction of a new building for the Church. The applicant cannot skulk away from the interrogation with regard to the appropriation of the money.
The applicant submits that he has got all materials and accounts to indicate that it was the Vicar of the Church who had dealt with the money. Even
for finding that he has to cooperate with the investigation. Under the circumstances, I find that it is not a fit case where the applicant can be granted
anticipatory bail. He, therefore, is directed to surrender before the investigating Officer within two weeks. In the event of his being arrested, he shall
be subjected to interrogation and after recovery, if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular
bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day.
The bail application is disposed of as above.