The Kerala High Court on Monday dismissed a bail petition filed by Pulsar Suni, the main accused in the actress’s sexual assault case in 2017. The malayalam film actor Dileep is also a prime accused in this case.
Justice PV Kunjikrishnan passed the order on the bail petition filed by Suni who has been in judicial custody for nearly six years in connection with the infamous case in which a prominent female actor was abducted, driven around in a car, photographed, and sexually assaulted, allegedly at the behest of actor Dileep.
Suni’s bail application has been dismissed for the second time by the High Court. The same judge had previously denied him bail last year.
Sunil NS, also known as Pulsar Suni, is the first accused in the case. The accused have been charged with offences under sections 120(b), 109, 342, 366, 354, 354(b), 357, 376(d), 201, 212, and 34 of the IPC, as well as 66E and 66A of the Information Technology Act (IT Act).
Suni allegedly told investigators that prominent Malayalam film industry figures, including Dileep, were not only involved in the crime, but were also the masterminds behind it.
While hearing Suni’s bail plea, Justice PV Kunhikrishnan stated that even if the accused has been imprisoned for six years and the trial has not concluded, bail can only be granted after considering the gravity of the alleged offences. He also stated that the survivor actress’s prima facie evidence demonstrated that the incident was brutal in nature.
“There are some decisions that say that the gravity of the offences must also be considered. Prima facie the evidence of the victim, how brutal it is,” the single-judge said before reserving his decision on the case.
Suni had applied for bail in the Kerala High Court in March of last year. He moved to the Supreme Court after the High Court denied him bail.
In July, the Supreme Court declined to grant him bail, citing the survivor’s statement as no reason to overturn the Kerala High Court’s refusal. Suni may, however, renew his bail plea before the High Court if the trial is not completed within a reasonable time, according to the Supreme Court. Suni filed the current plea in accordance with that order.
Justice Kunhikrishnan is the same judge who denied him bail in 2022, stating that the grounds on which he sought bail had already been thoroughly considered by the High Court when he applied for bail previously, and that there had been no change in circumstances since then. The trial in the case is currently underway at the Ernakulam Principal Sessions Court.
Suni’s advocate VV Pratheeksh Kurup argued in the current bail plea that the trial will take a long time to complete.Kurup also stated that Suni had exhibited good behaviour while in jail, and that his continued incarceration has made it extremely difficult for him to communicate with and provide proper instructions to his legal counsel.
