Long detention as undertrial alone not ground to grant bail: Kerala High Court while rejecting Pulsar Suni bail plea

The Kerala High Court recently said that detention of an accused person as an undertrial for a long period alone cannot be ground to grant bail to him particularly when the allegations against him are serious [Sunil NS v State of Kerala]..Therefore, Justice PV Kunjikrishnan dismissed the bail plea moved by Pulsar Suni who has been in judicial custody for almost six years as the prime accused in the 2017 actress assault case, in which Malayalam cine actor Dileep is also an accused. “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.The Court also opined that the fact that the survivor is a cine artist is not a consideration at all when deciding a bail plea. "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 said that the prosecution and the trial court are making every possible efforts to conclude the trial expeditiously. The Supreme Court is also supervising the trial and has granted time to complete the trial, the Court noted."The trial court now says that the sessions case itself can be disposed of within six months. I believe that in such a situation this Court need not entertain this bail application," the Court said.Whether the prosecution succeeds in this case or the defence succeeds cannot be a criterion to grant bail in these types of cases, the Court underscored."When there is serious allegation against an accused affecting the conscience of the society, this Court cannot allow bail application solely on the ground of personal liberty,” the Court said..Sunil NS, also known by his moniker Pulsar Suni, is the first accused in the case.He has been charged for offences 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).Suni had allegedly revealed to investigators that prominent figures from the Malayalam Film Industry, including Dileep, were not only involved in the crime but were also the masterminds behind it.The Court noted that in a bail plea, it need not go through the evidence adduced by the prosecution.“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.The accused was represented by advocate by VV Pratheeksh Kurup.The respondents were represented by Senior Government Pleaders P Narayanan (Additional Public Prosecutor) and TA Shaji (DGP)..[Read Order]