Read Time: 06 minutes

Synopsis

The Supreme Court has granted bail to Fr Abraham Thazhathedathu, a protestant bishop and other members of management of Christian-run schools in Madhya Pradesh, who were arrested for charging excessive fees and selling textbooks at exorbitant prices.

A bench of Justices BV Nagarathna and N Kotiswar Singh said the allegations made against the appellants herein are almost identical and bear a pattern. 

"The allegations may emerge from the documents on record and which could be considered during the course of trial. At this stage, the investigation is also not completed. It is not known as to whether the respondent/State is serious in concluding the investigation," the bench said.

The court held that the appellants are entitled to relief as they cannot be continued to be incarcerated on account of the investigation being inconclusive.

The appellants challenged the Madhya Pradesh High Court's order of July 9, 2024 declining them relief. They faced 12 FIR lodged in Jabalpur for offences under Sections 409, 420, 468, 471 r/w 120-B of IPC.

Senior Advocates Siddharth Dave, Sidharth Luthra and Vivek Tankha, appearing for the appellants, contended there is a discernible pattern in the allegations made against them.

They said the appellants have been engaged in educational activities in the State of Madhya Pradesh and in that regard they are engaged in facilitating sale of text books for the benefit of students, which cannot be an offence at all in law.

They further submitted that the management of educational institutions have a right to increase the fee in accordance with the prevalent Act and norms in the State.

Accordingly, the fees of the students may have been raised, which cannot be a subject matter of offences so as to invoke Sections 409, 420, 468, 471 read with Section 120-B of the Indian Penal Code, 1860 (IPC), they said.

They also submitted that the Trial Court as well as the High Court were not right in rejecting the bail applications filed by the appellants herein, who have been incarcerated since the end of May, 2024. 

In the circumstances, they asked the court to set aside the impugned orders and grant them the relief.

Opposing the plea, Additional Solicitor General K M Nataraj, appearing for the state government, submitted, in fact, the activities of the appellants and their schools have caused grave prejudice to the students and parents and therefore, the police authorities were constrained to swing into action on the complaints made against them.

He said that the High Court was justified in sustaining the orders passed by the Trial Court in rejecting the applications for bail; that having regard to complex facts, including that the investigation has not been completed.

Therefore, at this stage, it is not just and proper to release the appellants on bail as there is a possibility of tampering of evidence and causing prejudice to the trial of the appellants for the offences under the respective provisions of the IPC, Nataraj said.

The court, however, allowed the criminal appeals with the direction that appellants should extend complete cooperation in the investigation and should present themselves before the concerned Police Station as and when summoned.