'Prima Facie' Case Of Harbouring Offender: Kerala High Court Upholds FIR Against Priest For Aiding Woman Impersonating A Lawyer

The Kerala High Court has refused to quash criminal proceedings against a priest charged with aiding a woman who allegedly forged an advocate's enrolment certificate and practised as a lawyer, holding that the materials collected during investigation prima facie make out an offence of 'harboring' under Section 212 IPC. [2026 LiveLaw (Ker) 421]For context, the allegation against the first accused was that she impersonated the 2nd witness in the case and used the enrollment certificate of the 2nd witness, forged it with a photocopy of the same showing her name and used the same as genuine, and got membership in Alappuzha Bar Association. The priest was accused of providing accomodation to the first accused in a hostel and concealing her. The Court held that harbouring a person whom one knows or has reason to believe is an offender, with the intention of screening the offender from legal punishment, constitutes an offence under Section 212 of IPC. It found that statement of prosecution witness Father Jose CA, prima facie established the ingredients of the offence of harbouring an offender against the petitioner. “Thus, it appears that the petitioner herein, in connivance with the 2nd accused, harboured and concealed the first accused, knowing that she is an offender, with intention to screen her from legal punishment, which is an offence punishable under Section 212 of IPC. Thus, prima facie the offence under Section 212 of IPC is made out and in such a case, quashment prayer is liable to fail,” Justice A Badharudeen said. BackgroundThe petitioner, Fr. Tomcy Thomas, stated to be the Superior (in-charge) of Nirmalasramam, who was arrayed as the third accused in a criminal case registered by the Alappuzha North Police Station, approached the High Court seeking quashing of the final report and all consequential proceedings.According to the prosecution, Thomas helped the first accused remain in hiding for about 21 months after it was discovered that she had forged an advocate's enrolment certificate, secured membership of the Alappuzha Bar Association and practised as an advocate despite not having passed the LL.B. examination. It was alleged that the second and third accused facilitated her stay at a hostel attached to Nirmala Inter College in Uttar Pradesh's Maharajganj.Opposing the plea, the Public Prosecutor relied upon the statement of Father Jose CA, who has held the post of Superior of Nirmalasramam. He stated that the first accused, using the name “Catherine”, had stayed at the hostel after the petitioner informed him that she was the sister of Father Sandeep, the second accused. The witness further stated that he later learnt about the impersonation from a television news report and identified her before the police.Relying on this material, the High Court held that a prima facie case under Section 212 of IPC was made out and dismissed the petition. Case Title: FR. TOMCY THOMAS v. STATE OF KERALA and othersCitation: 2026 LiveLaw (Ker) 421Case No: CRL.MC NO. 9671 OF 2025Click Here To Read/Download Order

'Prima Facie' Case Of Harbouring Offender: Kerala High Court Upholds FIR Against Priest For Aiding Woman Impersonating A Lawyer

Amruta Gangajaliwale

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'Prima Facie' Case Of Harbouring Offender: Kerala High Court Upholds FIR Against Priest For Aiding Woman Impersonating A Lawyer

Amruta Gangajaliwale

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