Kerala High Court Reserves Order On Pulsar Suni's Bail Plea In 2017 Actor Assault Case

The Kerala High Court on Monday reserved its decision on the bail application of  Sunil N.S., also known as 'Pulsar Suni', the main accused in the 2017 Actor Assault Case.

Justice P.V Kunhikrishnan noted that there are several decisions which state that the gravity of the offence would also have to be considered in such offences, and that simply because an accused has remained in jail for so many years, cannot be a ground for release.

"The prima facie evidence of the victim, how brutal. I will consider this. Post for orders. Reserved," the court said.

The prosecution case against Suni is that in pursuance of the criminal conspiracy by actor Dileep, the former along with certain other accused had abducted and sexually assaulted the victim in a moving car in the year 2017. While Suni is the main accused in the case, Malayalam actor Dileep is a co-accused and is alleged to be the brain behind the conspiracy. There are 10 accused in the 2017 case.

Sections 120 (B), 109, 342, 366, 354, 354B, 357, 376D, 201, and 212 read with Section 34 of the Indian Penal Code and Sections 66 A and 66 E of the Information Technology Act have been invoked against the 10 accused persons. Suni has been in jail for almost 6 years now.

Suni had earlier approached the High Court for grant of bail in March 2022. Justice Kunhikrishnan had on March 29, 2022, rejected the same, noting that bail could not be granted at that stage.

"After hearing both sides, I think this is not a fit case in which the petitioner can be released on bail, at this stage. This Court considered this matter in detail in the earlier bail application filed by the petitioner. The trial court also considered this matter in detail in the bail order produced as Annexure-6. There is no change of circumstances. The Public Prosecutor submitted that the trial is in the fag end. Moreover, it is also submitted that a further investigation is also going on," the bench had observed while rejecting the bail application.

When Suni approached the Apex Court against the rejection of bail plea, the top court also declined to grant him bail. However, the Supreme Court had granted Suni the liberty to approach the High Court for bail again if the trial is not concluded within reasonable time.

"There is absolutely no chance of the trial being concluded in the near future. The applicant has not moved any other court seeking the same relief and shall not move a similar application during the pendency of this application," the plea filed through Advocate V.V. Pratheeksh Kurup averred.

Case Title: Sunil N.S. v. State of Kerala