Supreme Court grants bail to Pulsar Suni in Kerala actress assault case

The Supreme Court on Tuesday granted bail to Sunil NS, also known as 'Pulsar' Suni, an accused in the 2017 Kerala actress assault case in which Malayalam cine actor Dileep is also an accused [Sunil NS v State of Kerala]..A Bench of Justices Abhay S Oka and Pankaj Mithal passed the order today after noting that Suni had been behind bars for over seven years and that the co-accused (including Dileep) in the same case had been enlarged on bail. The Court has ordered that Suni be produced before the trial court within a week for his release on bail.The Court added that the State could argue for stringent bail conditions to be imposed by the trial court before Suni is released on bail."Considering the long incarceration and the fact that the trial is not likely to be concluded within a reasonable time, a case is made out for enlarging the appellant on bail. It will be always open for the State to insist that stringent terms and conditions should be imposed. Accordingly, we direct that the appellant shall be produced before the Trial Court within a maximum period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate stringent terms and conditions. The State shall be heard before finalizing the terms and conditions", the Court said.It, however, refused to waive off the costs imposed by the Kerala High Court on Suni for filing successive bail applications, even though it noted that these costs should not have been imposed in the first place. "We agree ... that costs ought not to have been imposed. However, as the costs will go to the Kerala Legal Services Authority, we are not interfering with the same," the top court explained.The Bench also observed that the High Court is already burdened with a large number of cases and that accused persons who file multiple applications add to a docket explosion situation. "If an accused has to apply multiple times, and then such long judgments (come) in bail. (In) every bigger High Court, docket explosion is the situation. Adds to numbers here also," Justice Oka said..Senior Advocate K Parameshwar with Advocates Sriram Parakkat and Satheesh Mohanan appeared for Suni.Suni is among those accused of being part of a conspiracy to abduct and sexually assault a prominent film actress in 2017.The actress was abducted, driven around in a car, photographed, and sexually assaulted, allegedly at actor Dileep’s behest.Suni was arrested in February 2017 and arrayed as the first accused in the infamous case. He has remained in jail since then.Senior Advocate Ranjit Kumar appeared for the Kerala government today and urged the top court not to allow Suni's bail plea."He is menace to society and will again be. He filmed and circulated video (of the sexual assault)," Kumar argued."Wrong," protested Parameshwar. Parameshwar also argued that Suni has remained in jail for years while the trial in the case has dragged on. "What kind of fair trial is this? 7.5 years in jail ... 85 days they allowed the rather influential film actor accused to examine a witness. State did not oppose. No concept of fair trial here, now they are saying defence witnesses are there," he said. Kumar refuted the allegation that the State was responsible for the delays in trial. "Offence is very serious my lords. Why it's being protracted?" he said.The Court, however, concluded that Suni is entitled to be released on bail. "How long he can continue like this? Trial will take long," the Bench remarked, before allowing the bail plea. .The Supreme Court was hearing the third bail plea filed by Suni. This was filed after the Kerala High Court's June 3 decision to reject Suni's tenth bail plea (overall). At the time, the High Court had also imposed costs of ₹25,000 on Suni after noting he had filed "bail application after bail application" by engaging different lawyers.This was challenged by Suni before the Supreme Court. On August 12, the Supreme Court sought a response from the Kerala government in the matter. .Suni had first moved the Kerala High Court for bail in March 2022 which was rejected. He had then moved the Supreme Court for relief, which in July 2022 declined to grant him bail.However, the top court had said that if the trial is not concluded within a reasonable time, Suni may renew his bail application before the High Court.Subsequently, he approached the High Court again which rejected his bail plea on March 6, 2023. The High Court reasoned that the accused could not be released on bail given the gravity of the offence.This verdict was also challenged before the Supreme Court and in April last year, the top court denied Suni bail for the second time.The Kerala High Court then dismissed Suni's tenth bail application, leading to the instant appeal..Gender inequality and harassment in Mollywood: Key takeaways from Hema Committee Report.Advocates MS Vishnu Shankar, Sreenath S, Aditya Santosh, Isha Singh, Pratheeksh Kurup, Anjali Singh, Anandhu Nair, and Maneesh Sunil also appeared for Suni.Advocates Nishe Rajen Shonker, Anu K Joy, Alim Anvar, and Ajith Anto Perumbully also appeared for the State of Kerala..[Read order].[Read Live Coverage]