The Kerala High Court has refused to quash criminal proceedings against a priest accused of sheltering a woman allegedly involved in a fake advocate enrolment certificate case. The Court held that the prosecution records, at this stage, disclose sufficient material to proceed with the charge of harbouring an offender under Section 212 of the Indian Penal Code (IPC).
Justice A. Badharudeen delivered the order on July 23, 2026, dismissing the petition filed by Fr. Tomcy Thomas.
Background of the Case
The criminal case arose from allegations that the first accused secured membership in the Alappuzha Bar Association by allegedly using a forged enrolment certificate after impersonating another individual. According to the prosecution, she later contested and served on the Bar Association's Executive Committee, practised before courts in Alappuzha, and was appointed as an Advocate Commissioner before the alleged forgery came to light.
The prosecution further alleged that after the allegations surfaced, the woman remained away from authorities for about 21 months while staying at a hostel in Uttar Pradesh. Fr. Tomcy Thomas, arrayed as the third accused, was alleged to have assisted in providing shelter during that period, leading to the charge under Section 212 IPC.
Seeking relief before the High Court, the petitioner argued that the final report contained no specific material showing that he had committed the alleged offence and requested that the criminal proceedings against him be quashed.
Court's Observations
The Court examined the statement of a prosecution witness who served as the Superior of the hostel where the woman had stayed. The witness stated that the woman had been introduced as "Catherine" and was permitted to stay after being represented as the sister of the second accused. He further stated that he later recognised her through a television news report concerning the alleged forged certificate case.
Referring to the ingredients of Section 212 IPC, Justice A. Badharudeen observed that the offence requires harbouring or concealing a person with knowledge, or reason to believe, that the person is an offender, with the intention of shielding that person from legal punishment.
The bench observed,
"Thus, prima facie the offence under Section 212 of IPC is made out and in such a case, quashment prayer is liable to fail."
Court's Decision
Finding that the prosecution materials disclosed a prima facie case requiring trial, the Kerala High Court declined to interfere with the proceedings.
The Court dismissed the criminal miscellaneous petition, vacated the interim stay granted earlier, and directed the Registry to forward a copy of the order to the jurisdictional court for further proceedings.
Case Details
Case Title: Fr. Tomcy Thomas v. State of Kerala & Others
Case Number: CRL.MC No. 9671 of 2025
Judge: Justice A. Badharudeen
Decision Date: July 23, 2026
