ORDER

Dated this the 05^th day of January, 2026 The petitioner is the 6^th accused in S.C No. 229 of 2025 on the file of the Additional Sessions Court-I, Kalpetta arising out of Crime No. 696 of 2024 Kalpetta, Police Station involving offences under Sections 93 r/w 3 (5) of Bharathiya Nyaya Sanhitha , 2023, ('BNS' for short) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 (JJ Act' for short).

2. The prosecution case is that while the 1st accused was living separately from her husband, she became pregnant from some body else and she gave birth to a child at Kalpetta general hospital on 11.6.2024 and thereafter, she decided to abandon the child. As per the prosecution case, accused persons 1 and 2 entrusted the child with the 5^th accused for giving up the child at 'Ammathottil' and the 5^th accused in turn, with the help of the 6^th accused, sold the child to accused Nos 3 and 4, after receiving a sum of Rs.10,000/- and thereby they alleged to have committed the aforesaid offences. According to the learned counsel, the offence under Section 93 r/w 3 (5) of BNS and Section 75 of the JJ Act will not be attracted against the petitioner and therefore, he