ORDER

DATED THIS THE 11TH DAY OF AUGUST, 2021 The petitioner, who is arraigned as the accused in Crime No. 143 of 2021 of Aloor Police Station registered for the offences punishable under Sections 451, 376, and 506(i) of Indian Penal Code, apprehending arrest has moved this application under Section 438 of the Code of Criminal Procedure.

2. The allegation leveled against this petitioner by the prosecution in brief is as follows:

The petitioner, a Pastor and a trustee of Emperor Emmanuel Church, Mooriyadu, Thrissur District, with the intention to commit rape on the victim/the defacto complainant, trespassed into her residence on 09.07.2016 around 21.30 hours and committed rape on her. He had also captured her naked photographs in his mobile phone with the ulterior motive to subjugate her and thereafter threatened her with dire consequences. Later he sent vulgar and obscene messages to her mobile phone. Threats were extended not to disclose the incident to any one. Thereby, he committed the aforesaid offences.

3. Heard the learned Senior Counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor.

4. The learned Senior Counsel for the petitioner has raised a plea of false implication and contended that he was a trustee of Emperor Emmanuel Church, Mooriyadu. The spiritual head of the church was one Sri. Joseph Ponnar. He expired on 25.04.2017. Thereafter, the role of spiritual head of the institution was assumed by one Nisha Sebastian. After assuming charge, she along with her henchmen involved in nefarious activities under the shield of the above institution. Several crimes were registered against them. This petitioner, who was against her illegal activities, resigned his official position along with some others and joined the Catholic Church. Infuriated by the same, Emperor Emmanuel Church started to initiate proceedings against those who resigned from the Church, to wreck vengeance upon them. The registration of this crime is as a result of such vengeance on the side of the present office bearers of the institution towards him. Criminal conspiracy was hatched between them and they harnessed the defacto complainant for implicating him in this false case. In fact he is totally innocent of the allegations leveled against him. Though the malicious implication was with ulterior motive on account of the dispute of rival faction, he apprehends unnecessary arrest and undeserved trauma of incarceration from the side of the police and hence, this application.

5. On the other hand, the learned counsel for the defacto complainant has submitted that the allegations against the petitioner are true and correct and she has no vengeance towards the petitioner as alleged by him and she is also not a member of any faction so as to implicate him in a false case. The defacto complainant was working at Changanassery during the relevant time as a teacher in a school after her TTC. Her mother, who is also a member of the church and an office bearer is residing in a house in Zion Eden housing colony situated near to the church. Her father was not residing with her mother at that point of time. Her mother was having so many ailments during 2016 and so the petitioner being the Priest of the church used to visit her house quite often so as to offer prayers. The defacto complainant used to visit her mother during second Saturdays and Sundays. While so, on 09.07.2016 she came from Changanassery to visit her mother. Her mother was not there in the house on that relevant date. At about 9.30 p.m. the petitioner came to her house and being the Priest of the Church and a person quite familiar to her, she opened the door for him. When he entered into the bedroom of her mother she informed that her mother is not there. Then he replied that he was waiting for such an opportunity and then by force pushed her to the bed, stripped her and then committed rape on her. Though she tried to resist him, he prevented her from