Today(17th Sept), The Supreme Court of India granted bail to Sunil NS, aka ‘Pulsar’ Suni, in the 2017 Kerala actress assault case, noting he had served over seven years in prison. The Court instructed Suni to appear before the trial court for his release, allowing the State to impose stringent bail conditions.
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NEW DELHI: Today(17th Sept), The Supreme Court of India, granted bail to Sunil NS, commonly known as ‘Pulsar’ Suni, one of the prime accused in the high-profile 2017 Kerala actress assault case. This case also involves prominent Malayalam actor Dileep as a co-accused. A bench comprising Justices Abhay S Oka and Pankaj Mithal passed the order after because Suni had already spent over seven years in prison. The Court also noted that several other co-accused, including Dileep, had already been granted bail.
The Court ordered that Suni should be presented before the trial court within a week to facilitate his release on bail. However, the Supreme Court gave the State the liberty to propose stringent conditions for Suni’s release.
“Given the lengthy incarceration and the likelihood of the trial not concluding soon, there is a case for granting bail to the appellant. The appellant must be presented before the trial court within a week for bail, with the State having the opportunity to argue for stringent conditions.”
– the Court remarked.
Despite granting bail, the Supreme Court refused to interfere with the costs imposed by the Kerala High Court on Suni for filing multiple bail applications. Suni had been ordered by the High Court to pay Rs.25,000 for filing successive bail applications through different legal representatives. While Justice Abhay S Oka pointed out that such costs should not have been imposed in the first place, the top court ultimately decided not to waive them, stating-
“We do not interfere with costs as it is to be deposited before legal services.”
The Court further acknowledged the strain placed on High Courts due to repetitive filings, which contribute to an overwhelming backlog of cases.
“If an accused has to apply for bail multiple times and faces lengthy judgments, it reflects the issue of docket explosion in larger High Courts, contributing to the case backlog here as well.”
-observed Justice Oka.
Suni’s legal defense was represented by Senior Advocate K Parameshwar, accompanied by Advocates Sriram Parakkat and Satheesh Mohanan. Parameshwar argued that Suni had been behind bars for an extended period while the trial in the case had faced delays. He questioned the fairness of keeping Suni incarcerated for over seven years without a conclusive trial.
“What kind of fair trial is this? After 7.5 years in jail, 85 days were granted for the influential film actor accused to examine a witness, with no opposition from the State. There’s no real concept of fair trial here, and now they claim there are defense witnesses.”
-Parameshwar argued.
On the other hand, Senior Advocate Ranjit Kumar, appearing on behalf of the Kerala government, strongly opposed Suni’s bail plea. He emphasized the seriousness of the charges against Suni and the gravity of the crime committed.
“He is a menace to society and will again be. He filmed and circulated video (of the sexual assault),”
-Kumar argued.
Parameshwar immediately countered the allegations, protesting, “Wrong,” as he argued that Suni had not received a fair trial.
Kumar, however, refuted these claims and stressed that the State was not responsible for the delays in the trial.
“Offence is very serious my lords. Why it’s being protracted?”
-he questioned.
The Court, after hearing both sides, concluded that Suni should be released on bail, given the length of time he had already spent behind bars and the fact that the trial is far from over.
“How long he can continue like this? Trial will take long,”
– the Bench remarked before allowing the bail plea.
Suni, who was arrested in February 2017, is the first accused in the 2017 case, which shook the Kerala film industry. The actress in question was abducted, assaulted, and filmed, allegedly at the behest of actor Dileep. Suni has been in jail ever since his arrest and has been battling for bail for years.
The Supreme Court was hearing Suni’s third bail application, which was filed following the Kerala High Court’s decision on June 3 to reject his tenth bail plea. The High Court had noted that Suni had filed multiple bail applications through different lawyers and had imposed costs of Rs. 25,000 on him. The Supreme Court, during the August 12 hearing, sought a response from the Kerala government regarding the case.
Suni had first moved the Kerala High Court for bail in March 2022, but his plea was rejected. He then approached the Supreme Court, which in July 2022 also declined to grant him bail. However, the Court had noted at the time that if the trial did not conclude within a reasonable time frame, Suni could renew his bail application before the High Court.
Despite these observations, Suni’s subsequent bail plea before the Kerala High Court in March 2023 was also rejected. The High Court justified its decision by citing the gravity of the charges against Suni, particularly given the seriousness of the offense.
This led to Suni filing an appeal before the Supreme Court. In April of the previous year, the Supreme Court once again denied him bail. After multiple failed attempts to secure bail, Suni’s tenth application was dismissed by the Kerala High Court, prompting the current appeal that has finally resulted in his release on bail.
