Kerala High Court
Anandhu U @ Unnikuttan vs State Of Kerala on 28 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 6517 & 6566 OF 2025
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2025:KER:36954
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
BAIL APPL. NO. 6517 OF 2025
CRIME NO.932/2023 OF NOORANADU POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.10751 OF
2024 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
ANANDHU U @ UNNIKUTTAN
AGED 22 YEARS
S/O UNNI, VANMELIL HOUSE,
ULAVUKKAD MURI, PALAMEL VILLAGE,
MAVELIKARA TALUK, ALAPPUZHA DISTRICT,
PIN - 690504
BY ADVS.
R.PRADEEP KUMAR
U.BALAGANGADHARAN
NAMITHA GEORGE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.05.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6517 & 6566 OF 2025
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2025:KER:36954
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
BAIL APPL. NO. 6566 OF 2025
CRIME NO.932/2023 OF NOORANADU POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.575 OF 2024
OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.3:
AMALKUMAR K.S @ VALYAMON
AGED 20 YEARS
S/O.SUGHATHAN, KUMBILIVILAYIL HOUSE,
PULIMEL MURI, NOORANADU VILLAGE,
MAVELIKARA TALUK, ALAPPUZHA DISTRICT,,
PIN - 690504
BY ADVS.
AJITH MURALI
MOHANAN M.K.
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,,
PIN - 682031
2 THE STATION HOUSE OFFICER
NOORANADU POLICE STATION,
NOORANADU P.O, ALAPPUZHA DISTRICT,,
PIN - 690504.
SRI.NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.05.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6517 & 6566 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.6517 & 6566 of 2025
...................................................
Dated this the 28th day of May, 2025
ORDER
These bail applications are filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused Nos.2 and 3 in Crime No.932/2023 of Nooranadu
Police Station registered for the offences punishable under Sections 363,
366A, 376(2)(n), 376D, 506(i) of the Indian Penal Code, 1860 apart from
Sections 4(1), 3A, 6(1), 5(g), 5j(ii), 5i, 10 r/w Section 9(g), 9i, 12 r/w
Section 11(iv) of the Protection of Children from Sexual Offices Act, 2012
(POCSO Act); which is now pending as S.C.No.1341/2023 on the files of
the Fast Track Special Court, Chengannur, Alappuzha District.
3. The prosecution case is that, petitioners along with a Child in Conflict
with Law had threatened the minor victim over phone and after
abducting her from her residence, raped her on 25.03.2023 and again on
28.03.2023 and thereby committed the offences alleged.
4. The learned counsel for the petitioners submitted that the entire
prosecution allegations are false and that the incident as alleged had not
occurred. It was further submitted that petitioners were arrested on
11.10.2023 and they have been in custody since then. It was also
BAIL APPL. NO. 6517 & 6566 OF 2025
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submitted that as the trial of the case has already commenced and the
victim examined, the continued detention of the petitioners ought not to
be permitted.
5. The learned Public Prosecutors, on the other hand, submitted that
petitioners are not entitled to any leniency, as they are alleged to have
committed gang rape on a minor victim that too on several occasions. It
was further submitted that, petitioners have been in custody since
11.10.2023 and that the trial of the case is almost at the final stage, and
therefore, if they are released on bail it would cause serious prejudice
and the petitioners may even abscond. It was also submitted that all the
witnesses have been examined, and therefore, the case would be
disposed of immediately.
6. I have considered the rival submissions.
7. The incident alleged is one of gang rape. A minor victim was allegedly
gang-raped by three persons on different occasions. The trial of the case
is almost over, and all witnesses have been examined. Though the
contention of the learned counsel for the petitioners that further
detention is not necessary was persuasive, still, considering the
possibility of the accused absconding, as pointed out by the learned
Public Prosecutors, I am of the view that petitioners cannot be released
on bail, at this juncture.
8. However, on noticing the disinclination of this Court to grant bail, the the
learned counsel for the petitioners requested that the case be directed to
be disposed of in a time bound manner. The said request is justified.
BAIL APPL. NO. 6517 & 6566 OF 2025
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9. Hence, while dismissing these applications for regular bail, there will be a
direction to the Fast Track Special Court, Chengannur, to dispose of
S.C.No.1341/2023 at the earliest, and in a time bound manner, at any
rate, within an outer period of two months from the date of receipt of a
copy of this order.
These bail applications are dismissed, subject to the above observations.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/29/05/2025
BAIL APPL. NO. 6517 & 6566 OF 2025
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APPENDIX OF BAIL APPL. 6517/2025
PETITIONER ANNEXURES
ANNEXURE A-1 TRUE PHOTOCOPY OF THE FIR IN CRIME
NO:932/2023 OF NOORNADU POLICE STATION
ANNEXURE A2 TRUE COPY OF THE ORDER DATED 01.02.2024 IN BA
NO,. 575/2024
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 09.08.2024 IN BA
ANNEXURE A4 TRUE COPY OF THE ORDER DATED 7TH JANUARY 2025
ANNEXURE A5 TRUE COPY OF THE ORDER DATED 15.03.2025 IN
BAIL APPL. NO. 6517 & 6566 OF 2025
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APPENDIX OF BAIL APPL. 6566/2025
PETITIONER ANNEXURES
ANNEXURE-A A TRUE COPY OF THE ORDER DATED 1.2.2024 IN
B.A.NO.575 OF 2025 OF THIS HONOURABLE COURT
ANNEXURE-B THE TRUE COPY OF THE TRIAL PROCEEDINGS SHEET
IN S.C.NO.1341/2023 OF FAST TRACK SPECIAL
COURT, CHENGANNUR.
ANNEXURE-C A TRUE COPY OF THE ORDER DATED 15.3.2025 IN
CRL.M.P.NO.260/2025 IN S.C.NO.1341/2023 IN
THE COURT OF THE FAST TRACK SPECIAL COURT,
CHENGANNUR.
