IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH TUESDAY, THE 7 DAY OF JANUARY 2025 / 17TH POUSHA, 1946 BAIL APPL. NO. 10751 OF 2024 CRIME NO.932/2023 OF Nooranadu Police Station, Alappuzha PETITIONER/ACCUSED NO.2:

ANANDHU U @ UNNIKUTTAN, AGED 22 YEARS, S/O UNNI, VANMELIL HOUSE, ULAVUKKAD MURI, PALAMEL VILLAGE, MAVELIKARA TALUK, ALAPPUZHA, PIN - 690504.

BY ADVS.

R.PRADEEP KUMAR U.BALAGANGADHARAN RESPONDENT/STATE:

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.

OTHER PRESENT:

PUBLIC PROSECUTOR-SMT.SEENA C.

THIS B AIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This is the third application for regular bail filed by 2nd accused in Crime No.932 of 2023 of Nooranadu P olice Station, registered under Sections 363, 366A, 376(2)(n), 376D, 506(i) of IPC and Sections 4(1) r/w Section 3(a), 6(1) r/w 5(g), 5(j)(ii), 5(i), 10 r/w 9(g), 9(i) and 12 r/w 11(iv) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

2. The prosecution allegation is that in March 2023, the petitioner along with another two accused persons committed gang rape on the victim minor girl, after kidnapping her, to the varanda of a vacant house near Karingali puncha. After three days of that incident, she was again taken out from her house during night hours, under threat, and the petitioner and the other two accused committed rape on her. The victim girl became pregnant, because of the sexual assault committed by the accused.

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

4. Learned Public Prosecutor vehemently opposed the bail application stating that the victim is yet to be examined and summons is already issued to her to appear before the trial court on 16.01.2025. Earlier bail applications filed by the petitioner were rejected on the reason that, if the petitioner is released on bail before examining the material witnesses, there is every chance for influencing or intimidating the victim and the other material witnesses.

5. Learned counsel for the petitioner would submit that the petitioner has been in jail since 23.10.2023 and the DNA report will not show any connection for the petitioner, with the alleged incident.

6. The victim is a minor girl aged 16 years. This Court in the bail order dated 01.02.2024 in B.A.No.575 of 2024 and also in the bail order dated 09.08.2024 in B.A.No.5698 of 2024, made it clear, that if the petitioner is released on bail before examining the material witnesses, there is every chance for him to influence or intimidate them. In the bail order dated 09.08.2024, it was clarified that, after examining the material witnesses, the petitioner can approach the trial court for regular bail.

7. Learned Public Prosecutor produced a report from Deputy Superintendent of Police, Chengannur, stating that SC No.1341 of

2023 is posted to 16.01.2025 for examining the witnesses and summons has been served on the witnesses. So the petitioner has to wait till the victim and the material witnesses are examined. Thereafter, he can approach the trial court for regular bail, on which the trial court can pass appropriate orders.

Accordingly, this bail application stands dismissed.

Sd/-

SOPHY THOMAS JUDGE

DSV/-

APPENDIX OF BAIL APPL. 10751/2024 PETITIONER’S ANNEXURES :

Annexure A1 A TRUE PHOTOCOPY OF THE FIR IN CRIME NO:932/2023 OF NOORNADU POLICE STATION.

Annexure A2 ORDER DATED 01-02-2024 IN BAIL APPL.575/2024 Annexure A3 ORDER DATED 09-08-2024 IN BAIL APPL.5698/2024 Annexure A4 ORDER DATED 03-09-2024 IN BAIL APPL.7075/2024 RESPONDENT’S ANNEXURES : NIL