Actress assault case: Kerala High Court dismisses tenth bail plea by accused Pulsar Suni with ₹25k costs

The Kerala High Court on Monday dismissed the tenth bail application moved by Sunil NS, also known as 'Pulsar Suni', an accused in the 2017 actress assault case, in which Malayalam cine actor Dileep is also an accused [Sunil NS v State of Kerala]..Justice PV Kunhikrishnan also asked Sunil to pay ₹25,000 as costs for filing "bail application after bail application", with the latest plea having been filed just three days after the dismissal of the last bail application."The petitioner (Suni) shall pay the costs to the Kerala Legal Services Authority within one month from the date of receipt of a copy of this order and if the costs are not paid, the Legal Services Authority is free to recover the same from the petitioner and his assets," the Court ordered in its June 3 order. .The Court observed that such bail applications were being on frivolous grounds and one after another, even though there was no change of circumstances to reconsider whether bail should be granted. "This Court clearly stated that the petitioner has to face trial in custody," Kunhikrishnan added, recounting observations made by the High Court in 2023 while rejecting an earlier bail plea filed by Sunil. .Sunil 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.Sunil was arrested in February 2017 and arrayed as the first accused in the infamous case..Advocate VV Pratheeksh Kurup, appeared for Sunil and submitted that he has been in jail for the last seven years. However, the public prosecutor opposed the bail application, given the gravity of the allegations against Sunil.The Court observed the grounds on which Sunil has sought bail had already been considered in detail before his earlier bail applications were dismissed. There has been no change of circumstances, the Court said.The Court also reiterated that since Sunil has been booked for offences of a grievous nature, he must face trial in custody."The prosecution case is shocking to the conscience of the Keralites and they are closely watching the trial of the above case," the Court added..The Court went on to consider whether costs could be imposed on Sunil while dismissing his bail plea. To examine this question, the Court sought the assistance of an amicus curiae.The amicus curiae told the Court that the Court has the authority to impose costs for the filing of frivolous bail applications. The Court went on to note that Sunil appeared to be financially fit since he was able to engage multiple private lawyers to pursue one bail application after another. "He chose to engage his own lawyers (instead of engaging legal aid lawyers) which of course is his right. But from the conduct of the petitioner that he is filing bail application after bail application before this Court and the Apex Court, it is clear that either he is financially fit or there are some others behind the curtain to help him to file these bail applications," the Court observed.The Court concluded that there was nothing wrong in imposing costs on Suni, even though he has been in jail for about seven years.The Court, therefore, dismissed Sunil's tenth bail application while ordering him to pay ₹25,000 as costs to the Kerala Legal Services Authority within one month..Advocates VV Pratheeksh Kurup, Ravi Krishnan, and Dev Nandan A represented Sunil NS (Pulsur Suni).The State was represented by Public Prosecutor BS Syamantak.Advocate R Bindu assisted the Court as amicus curiae..[Read Order]