Fr. Sabu Thomas v. the State of Maharashtra
Case brief
What is this about?
The single judge in the Bombay High Court considered an anticipatory bail application by a school principal accused of sexual offences against a former teacher. The court noted the delay in FIR registration linked to extortion but found no danger to the investigation, confirming the interim bail.
What did the court decide?
The interim order dated 05/03/2019 was confirmed; the applicant directed to report to the Investigating Officer and prohibited from tampering with evidence.
What the court decided
P.H. Jayani 24(A) ABA562.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 562 OF 2019
Fr. Sabu Thomas … Applicant v/s. The State of Maharashtra …. Respondent
Mr. Sujit Mane a/w. Mr. Vincent D’Silva a/w. for the Applicant in ABA/562/2019. Mr. S.V. Gavand, APP for the State. Mr. Meghshyam Narvekar a/w. Mr. Sandeep Naik for the Applicants in ABA/783/2019, ABA/875/2019, ABA/2742/2019 and for the Respondent No.2 in ABA/562/2019. Mr. Dinesh Vishwakarma a/w. Vincent D’Silva for the Intervenor in IA/523/2020. Ms. Smita Patil, Dy.S.P., CID, CBD Belapur a/w. Mr. Vishal Sawant, PI present.
CORAM: SMT. ANUJA PRABHUDESSAI, J.
DATED : 08th JUNE, 2023.
P. C. :-
. This is an Application under section 438 of Cr.P.C. filed by the
aforesaid Applicant apprehending his arrest in C.R.No.23/2019 registered at Kherwadi Police Station, Mumbai for offences punishable under sections 376, 376(f) and 376(n) of the Indian Penal Code and sections 6, 8 and 10 of Protection of Children from Sexual Offences (POCSO) Act, 2012. It is stated that the case was subsequently transferred to CID, Konkan Bhawan, Belapur, Navi Mumbai and the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 have also been invoked.
Issues for consideration
3 issues framed by the court
Whether the facts and circumstances of the case constitute a fit case for exercising the discretion under Section 438 Cr.P.C. for anticipatory bail.
Whether there is a genuine apprehension of arrest or movement of evidence justifying the grant of anticipatory bail.
Whether the interim protection order granted in the previous application should be confirmed.
Parties & counsel
- applicant
Fr. Sabu Thomas
- respondent
The State of Maharashtra
Coram
Anuja Prabhu
Case details
As recorded by the court registry
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