Recently, in the matter of Sunil NS v State of Kerala the High Court of Kerala dismissed the bail plea of Pulsar Suni. Suni has been in judicial custody for almost six years as the prime accused in the 2017 actress assault case, in which Malayalam actor Dileep is also an accused. 

While rejecting a bail plea, the Kerala High Court held that the detention of an accused person as an undertrial for an extended period alone could not be ground to grant bail, mainly when the allegations against the accused are serious. 

“After understanding the prosecution case based on the evidence adduced by the victim in this case, I am of the considered opinion that the petitioner/accused is not entitled to bail even though he has been in jail for about six years. The prosecution case is very serious. .. Whether the victim is a cine artist or not is not at all a factor... The truth has to come out after the trial. Simply because the petitioner/accused is in jail for six years, it cannot be a ground to release him in such a serious case,” the court observed.

"Whether the victim is a cine artist or not is not at all a factor. The prosecution case is that a lady was brutally attacked. The truth has to come out after the trial," the order said.

The Court further highlighted that the trial court is making every possible effort to conclude the trial expeditiously and the Apex Court also keeps checking the trial and has granted time to complete the trial. Further Court  informed that it cannot allow bail application solely on the ground of personal liberty,

Sunil Pulsar is charged under Sections 120(b), 109, 342, 366, 354, 354(b), 357, 376(d), 201, 212 with 34 of the Indian Penal Code (IPC) and 66E and 66A of the Information Technology Act (IT Act). The investigation team informed that both Dileep and Pulsar were not only involved in the crime but were also the masterminds behind it.

It is a well-accepted principle that in an order passed in a bail application, there can be only reasons to reject or allow the bail application and there cannot be any finding or even prima facie finding based on the evidence adduced by the prosecution. The findings in the bail order by the superior court may influence the Trial Court while deciding the case finally. Such findings in bail orders may also prejudice the prosecution and defense. Therefore, there can only be reasons to reject a bail application and there cannot be finding or even prima facie finding in a bail order,” the order made it clear.

Hence, the bail plea was rejected.