The Supreme Court on Tuesday granted bail to Sunil NS, alias 'Pulsar' Suni, a key accused in the 2017 Kerala actress assault case, which also involves Malayalam actor Dileep as an accused.
A Bench comprising Justices Abhay S Oka and Pankaj Mithal issued the order today, directing that Suni be presented before the trial court within a week for his release on bail. The Court also noted that the State could request the trial court to impose stringent bail conditions prior to Suni's release.
"Considering long incarceration and that the trial is not likely to be concluded (soon), a case is made out for enlarging appellant on bail. Appellant to be produced before the trial court within a week for grant of bail, State can argue for stringent conditions," the Court said.
However, the Bench declined to waive the costs previously imposed by the Kerala High Court on Suni for filing successive bail applications.
"We do not interfere with costs as it is to be deposited before legal services," the top court said.
Senior Advocate K. Parameshwar, along with Advocates Sriram Parakkat and Satheesh Mohanan, represented Suni.
The Supreme Court was considering Suni's third bail plea in the 2017 Kerala actress assault case, in which Malayalam actor Dileep is also an accused. On August 12, the Court had sought a response from the Kerala government regarding the matter.
Additionally, another petition was listed today challenging a May 20 decision by the Kerala High Court, which had denied Suni bail. In its dismissal of the application, the High Court had stated...
"There is no change of circumstance to consider the bail application of the petitioner who is the 1st accused in the case. Very serious allegations are there ... It is now settled by several decisions of this Court and the Apex Court that simply because the accused has been in custody for a long time, that itself is not a reason to grant bail to the petitioner."
Suni is among those accused of conspiring to abduct and sexually assault a prominent film actress in 2017. The actress was reportedly abducted, driven around in a car, photographed, and sexually assaulted, allegedly at the behest of actor Dileep.
Suni was arrested in February 2017 and has been the first accused in this high-profile case since then. He first sought bail from the Kerala High Court in March 2022, which was rejected. Following this, he appealed to the Supreme Court in July 2022, but his bail was denied.
The Supreme Court had noted that if the trial was not concluded within a reasonable time, Suni could renew his bail application before the High Court. Subsequently, Suni's renewed bail plea was rejected by the High Court on March 6, 2023, which cited the gravity of the offence as the reason for denial.
This decision was again challenged before the Supreme Court, which denied bail for the second time in April of the same year. On June 3, the Kerala High Court dismissed Suni’s tenth bail application and imposed a ₹25,000 cost for repeatedly filing bail applications with different lawyers.
The current appeal has led to the Supreme Court staying the costs imposed by the Kerala High Court.
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