The Kerala High Court has rejected a petition by Sunil N S, the prime accused in the 2017 actress assault case, seeking to suspend his 20-year prison sentence and secure bail while his appeal is pending.
A division bench comprising Justices Raja Vijayaraghavan V and K V Jayakumar ruled that the extreme gravity of the offense, the petitioner’s extensive criminal background, and his previous violations of bail conditions barred him from receiving any such relief. The court added that Sunil’s prolonged period of custody could not serve as the sole reason to suspend his sentence under Section 389 of the Code of Criminal Procedure.
In its order, the bench characterized the assault as a planned and deliberate act that revealed an extraordinary degree of criminal depravity. The judges noted that the unprecedented nature of the crime went beyond the individual victim, directly threatening the security, dignity, and bodily autonomy of women, while also risking public confidence in the rule of law.
Court Finds No Trial Flaws
Sunil, also known as Pulsar Suni, had argued in his application that he had already served nearly eight years of his sentence. He sought release under Section 389 of the Code of Criminal Procedure, which permits appellate courts to temporarily suspend a conviction and grant bail during an ongoing appeal.
However, the High Court observed that the petitioner failed to show any clear illegality, patent error, or perversity in the trial court’s original judgment. The bench stated that at this intermediate stage, it could not conclude that the Sessions Judge’s findings were unreasonable, meaning no exceptional circumstances had been established to justify suspending his sentence.
The court also took into account Sunil’s criminal history, noting his involvement in 11 other serious cases. Additionally, the bench highlighted that he had violated his bail terms by allegedly committing another offense while out on bail during the course of this case.
Background Of The Conviction
The case dates back to February 17, 2017, when a prominent multi-lingual actress was abducted and sexually assaulted inside a moving vehicle while traveling from Thrissur to Kochi.
On December 12 last year, a sessions court convicted and sentenced six individuals, including Sunil, to 20 years of imprisonment for gang rape. Meanwhile, the trial court acquitted actor Dileep and three other co-accused in connection with the incident.
