Kerala HC Dismisses The Bail Application Of Pulsar Suni In 2017 Actor Assault Case

The Kerala High Court bench comprising Justice P.V. Kunhikrishnan dismissed the bail application of Pulsar Suni in relation to 2017 actor  assault case and observed that the petitioner is not entitled to bail even though he has been in jail for about six years. The petitioner, N.S Sunil, is a prime accused in the case.

In the matter at hand the case of prosecution is that while acting in the furtherance of a criminal conspiracy, the petitioner and other accused abducted and sexually assaulted a victim in a moving car and hence have been in custody since 2017 totalling a period of 6 years. The petitioner had earlier approached the court for bail but the application was dismissed and the petitioner challenged the order before the Supreme Court of India where the bail was rejected once again. The Apex court had observed that the trial has not concluded for a long time and the petitioner can approach the high court again for bail.

It was submitted on behalf of the petitioner that the petitioner has been in custody for a period of over 6 years and the trial is still incomplete while the main accused have already been released on bail. The trial court has however asked for more time to dispose the trial and that is why the petitioner is entitled to be released on bail.

The bail application was strongly opposed by the DGP citing the cruel nature of the crime and said that there has been no delay on part of the court or prosecution in concluding the trial and they are trying their best to conclude the same. The DGP also submitted that some more witnesses are to be examined to prove the prosecution case and there has been no change of circumstance between the rejection of bail by the Supreme Court and now.

The court sought a report from the registry about the time required to dispose the trial which was submitted by the sessions judge and asked for 6 more months for completion of trial.

The court observed that there has been no delay in concluding the trial as the Apex court has also accepted the extension applications submitted by the trial court and there can be no jacket rule to decide the reasonable time necessary to conclude the trial. The court noted that in this case 200 witnesses have already been examined.

The court said that the gravity of the offence alleged against the accused is also a criteria to be considered by the court while decision the bail application while relying on the decision of the apex court in P. Chidambaram v. CBI. 

In the light of the aforementioned the court dismissed the bail application of Pulsar Suni in relation to 2017 actress and observed that the petitioner is not entitled to bail even though he has been in jail for about six years. The court further ordered that the petitioner should face trial in custody in the peculiar facts and circumstances of this case.

CASE: SUNIL N.S. V. STATE OF KERALA

BAIL APPL. NO. 1023 OF 2023