The court prioritized witness protection and the ongoing trial's integrity over the accused's request for bail.

K.BABU, J.

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B.A No.13676 of 2025 ---------------------------------------

Dated this the 27^th day of November, 2025 O R D E R This is an application filed under < Section _ref> Section 483 Section _ref> of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the accused in Crime No.864/2024 of Ettumanoor Police Station. The offences alleged against the petitioner are punishable under < Section _ref> < Section _ref> Section s 366A Section _ref> Section _ref> , 354, 342, 323 and 376(2)(n) of the Indian Penal Code 1860 and < Section _ref> Section 3 Section _ref> (a) read with 4, 6 read with < Section _ref> Section 5 Section _ref> (1) and (j)(ii), < Section _ref> Section 7 Section _ref> read with < Section _ref> Section 8 Section _ref> and < Section _ref> Section 9 Section _ref> (l) read with < Section _ref> Section 10 Section _ref> of the Protection of Children from Sexual Offences Act , 2012 (POCSO).

3. The prosecution case, as narrated in Annexure A3 order, reads thus:

“The accused criminally trespassed into the house of the victim aged about 17 years, 05/02/2024 at noon, criminally intimidated her by threatening to do away with her life, and he kidnapped her by taking her on his bike to his house, and locked her in a room, slapped her, and committed rape from 05.02.2024 to 19.02.2024 and thereby he impregnated her.”[SIC]

4. The petitioner was arrested on 23.10.2025.

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

6. The petitioner was granted bail by the learned Special Judge. Later he absconded and the court cancelled his bail. When non bailable warrant was issued against the petitioner and thereafter he surrendered. It is relevant to extract the findings of the learned Special Judge in Annexure A3 order, the relevant portion of which reads thus:

“7. This case was posted on 18/09/2025 for the examination of CW1, CW2 and CW4 and on that day CW1, 2 and 4 were present and accused was absent. The counsel for accused filed Crl.MP 216/2025, petition seeking adjournment for examining the witnesses and the said petition was allowed on payment of costs of Rs.750/- each to CW1, 2 and 4 and the case was adjourned for evidence to 23/09/2025. Summons were already ordered to CW5 to CW10 to 23/09/2025. On 23/09/2025, though CW1, CW2, CW4, CW8 to CW10 were present, neither the accused nor his counsel was present. Hence bail was cancelled, bond was forfeited, NBW was issued against the accused and notice to sureties were ordered to 23/10/2025. On 23/10/2025 when the case was called, accused entered into the dock. Meanwhile, the counsel who represented the counsel for the accused submitted that accused is present and he is filing petition to recall warrnat. When the counsel was told that the bail of the accused was cancelled and bond was forfeited on 23/09/2025, accused ran away from the dock. Meanwhile, the learned Public Prosecutor submitted that two days back accused went to the house of the victim and threatened the victim and her family members. NBW against accused and notice to sureties were repeated and the case was posted to 05/11/2025. 8. On the same day at about 3.45pm accused surrendered before this court and he was remanded to judicial custody.

9. On 23/10/2025 accused filed Crl.MP 227/2025 an application for bail. While hearing the said bail application, the learned counsel for the petitioner conceded that the grandmother of the accused visited the house of the victim and requested the victim and her family members to settle the case. The said bail application was dismissed on 28/10/2025.

10. This case stands posted to 19/11/2025 for the examination of CW1 and CW2 and to 27/11/2025 for the examination of CW3 to CW5. At this juncture, if the accused is released on bail before examining the key witn