O R D E R

This is an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the 1st accused in Crime No.250 of 2023 of Kannamali Police Station, Ernakulam District, registered under Sections 354, 376, 376(2)(n) & Section 324 of IPC, Sections 5(l), 5(p) r/w Section 6 and Section 16 r/w Section 17 of the POCSO Act, Section 77 of the JJ Act, 2015 and Section 22(a) of the NDPS Act.

2. The prosecution allegation is that the petitioner herein (A1), with the help of the 2nd accused, who is none other than the biological mother of the victim girl, aged 15 years, took her to a home-stay on 18.01.2019 and 04.11.2022, and subjected her to multiple aggravated penetrative sexual assault, after intoxicating her with narcotic drugs, drinks etc.

3. Heard learned counsel for the petitioner and learned Public Prosecutor.

4. Learned Public Prosecutor vehemently opposed the bail application.

5. The petitioner had earlier filed two bail applications and both were dismissed, with direction to the Fast Track Special Court, Perumbavoor, to expedite the trial and to dispose it of at the earliest. The present petition has been filed by the petitioner stating that, since the DNA report has not been filed before the trial court, there is no chance for disposing the case in a near future, and more over the petitioner is suffering from varicose vein and an imminent surgery may become necessary. So, he prayed for releasing him on bail.

6. A report has been called for, from the trial court as to the time needed for disposing the case, and as to whether the DNA report has been received. A report dated 30.07.2024 is received from Fast Track Special Court, Perumbavoor, stating that the DNA report had been received before that court on 18.07.2024, and thereafter, PW1 was recalled to produce her SSLC book, and her examination was scheduled on 05.08.2024. The only remaining witnesses to be examined are CWs 26 and 27. Learned trial court has sought three months’

time for disposing SC No.904 of 2023.

7. A report was called for from the Superintendent of District Jail, Idukki, also as to the present medical condition of the petitioner. The Superintendent, District Jail, Idukki, submitted a report dated 07.08.2024 stating that, the Doctor had advised that no active surgical intervention is needed at present.

8. Adverting to the facts and circumstances as stated above, and also considering the nature of allegations against the petitioner, this Court is not inclined to release the petitioner on bail. As requested by the Fast Track Special Court, Perumbavoor, three months’ time is granted from 05.08.2024 to dispose SC No.904 of 2023. Compliance shall be reported to this Court.

With the above direction, the bail application is dismissed.

Registry to forward this order to the trial court forthwith for information and necessary action.