Sunil.N.S vs State Of Kerala

Kerala High Court

Sunil.N.S vs State Of Kerala on 20 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                    BAIL APPL. NO. 3403 OF 2024
CRIME NO.297/2017 OF NEDUMBASSERY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN BAIL APPL. NO.7254 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.1:

         SUNIL.N.S
         AGED 34 YEARS
         NEDUIVALIKKUDI, ELAMPAKKAPPILLY, VENGOOR,
         KOOVAPPADY, ERNAKULAM, PIN - 683544
         BY ADV.
         SRI.V.V.PRATHEEKSH KURUP


RESPONDENT(S)/COMPLAINANT:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
         KERALA, ERNAKULAM, PIN - 682031
         BY ADV.
         SRI.RIYAL DEVASSY, PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.05.2024,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.3403 of 2024
                              2



                P.V.KUNHIKRISHNAN, J
             --------------------------------
                   B.A.No.3403 of 2024
              -------------------------------
         Dated this the 20th day of May, 2024

                         ORDER

This Bail Application is filed under Section 439 of the Criminal Procedure Code (Cr.P.C.)

2. Petitioner is the accused in Crime No.297/2017 of Nedumbassery Police Station. The above case is pending before the Principal District and Sessions Court, Ernakulam as S.C.No.118/2018.

3. The prosecution case is that, in furtherance of a criminal conspiracy by a movie star who is the 8 th accused in this case, the petitioner/1 st accused, along with certain other accused, abducted and sexually assaulted the victim in this case, who is also a movie star, in a moving car. The offence alleged against the petitioner and other accused are under Sections 120 (B), 109, 342, 366, 354, 354 B, 357, 376 D, 201, 212 B.A.No.3403 of 2024 3 r/w Section 34 of the Indian Penal Code. The offence under Section 66E and 66A of the Information Technology Act, 2000 is also alleged. The petitioner herein has been in custody in connection with the above case from 23.02.2017 onwards.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

5. This Court considered the bail applications filed by the petitioner on earlier occasions, and detailed orders were passed by this Court in those cases. One of the order was challenged before the Apex Court and the Apex Court also has not interfered with the order passed by this Court rejecting the bail application. The trial in this case is going on based on the directions issued by the Apex Court. I am of the considered opinion that 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 against the 1st accused. This point is considered B.A.No.3403 of 2024 4 by this Court in the earlier orders rejecting the bail applications. 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. Therefore, there is no change of circumstance to consider this bail application.

Accordingly, the bail application is dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM