Actor assault case: Kerala HC reserves order in Pulsar Suni’s plea for interim bail

Kochi: High court on Thursday reserved its order on an interim application filed by Pulsar Suni, the first accused and a convict in the 2017 actor assault case, seeking suspension of the 20-year sentence imposed on him by the trial court and grant of bail, pending the disposal of his appeal.Senior counsel Sasthamangalam Ajith Kumar, appearing for Suni, contended that the convict had already undergone eight years of incarceration before the commencement of trial. He further argued that the trial court’s judgment had demolished the prosecution’s case regarding the alleged conspiracy, which formed the core of the case. He also pointed out that Suni had been enlarged on bail during the pendency of the trial.Opposing the plea, the prosecution raised a serious apprehension before the HC that, if granted bail, Suni would publish the visuals of the assault allegedly captured on his mobile phone, thereby subjecting the survivor to further harassment. Special public prosecutor V Ajakumar further submitted that a copy of the alleged visuals remained in the convict’s possession and urged HC to seriously consider the survivor’s apprehensions while deciding the bail plea.

He argued that the case was not merely one of sexual assault, but one in which the accused had allegedly recorded its visuals on his mobile phone and shown them to several persons. He further submitted that the mobile phone allegedly used by Suni to record the visuals has not yet been traced and that the investigation to recover the device is continuing.Senior advocate Vrinda Grover, appearing for the survivor, also opposed the bail plea.

She argued that the survivor’s suffering did not end with the sexual assault but continued so long as the accused allegedly retained the recordings. “The diabolism lies not only in committing the heinous offence, but also in ensuring its continuity, enabling him to hold her to ransom and perhaps humiliate her before the wider public.

He did not succeed in that part of the plan,” she submitted. Grover further contended that the gravity of an offence is determined by its nature, the manner in which it was committed and its social impact.In reply, Suni’s counsel submitted that he had remained on bail during the trial without misusing the liberty granted to him and argued that granting bail pending appeal would not prejudice the prosecution. Opposing the contention, Grover relied on the Supreme Court’s decision in Kishori Lal v Rupa, contending that the mere fact that an accused was granted bail during the trial and did not misuse that liberty is of little significance after conviction.

She submitted that once the trial has concluded and the accused has been found guilty, the relevant consideration is whether sufficient grounds exist to suspend the execution of the sentence and grant bail pending appeal.