2017 Sexual Assault Case | Pulsar Suni Approaches Kerala High Court Again For Bail, Says Has Been In Custody For Almost 6 Years

Sunil N.S., also known as 'Pulsar Suni', who is the main accused in the 2017 Actor Assault Case, has approached the Kerala High Court once again seeking bail. 

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.

Offences under 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 were accordingly charged against the 10 accused persons. Suni has been in jail for almost 6 years now. 

When the matter came up before the Single Judge Bench of Justice P.V. Kunhikrishnan on Thursday, the Court noted that the Apex Court had vide its order dated July 13, 2022, allowed the applicant to move the High Court for bail if the trial was not concluded within reasonable time. 

"Registry will get a report about the time required to dispose the Sessions Case itself," the court said while posting the matter for further consideration on February 13.

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 same, the top court also declined to grant him bail, and did not interfere with the High Court order refusing the bail. 

However, it had added that the applicant, Suni, can 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. 

It has been further stated in the bail application that the applicant is not in a position to defend his case properly by consulting and discussing with his lawyer, since he is not on bail and is not being produced in court everyday. 

"The basic right of the applicant to defend his case properly itself is defeated," it has argued, adding that he has been in custody for nearly six years. 

The case is currently pending before the Principal Sessions Court at Ernakulam. 

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

Click Here To Read/Download The Order