Kerala HC rejects Pulsar Suni's bail plea in 2017 actress assault case
Synopsis
Key Takeaways
The Kerala High Court on Tuesday, 14 July dismissed a plea filed by Pulsar Suni, the prime accused in the 2017 Kerala actress assault case, seeking suspension of his 20-year rigorous imprisonment sentence pending the outcome of his appeal. The court, while rejecting the petition, observed that the dignity of the survivor must be taken into consideration when deciding such requests.
What the Court Said
The High Court's order underscores a significant judicial principle — that bail or sentence suspension in cases of sexual violence cannot be assessed in isolation from the gravity of the offence and its impact on the survivor. The bench declined to grant interim relief to Pulsar Suni, whose conviction and sentence were handed down by the trial court following a full-fledged trial.
His appeal challenging the conviction and seeking to set aside the sentence remains pending before the High Court. The Tuesday order pertains specifically to his request for a stay on the sentence until that appeal is finally heard and decided.
Survivor and Prosecution's Arguments
The survivor appeared before the court and argued that suspending the sentence would send a wrong message to society and would be perceived as diminishing the gravity of the offence. She emphasised that the trial court had returned a guilty verdict after a comprehensive trial process.
The prosecution backed the survivor's position, urging the court not to grant the suspension. It also informed the bench that its own appeal — seeking enhancement of the sentence awarded to Pulsar Suni — is separately pending before the High Court.
State's Case Against Suspension
The Kerala state government argued that Pulsar Suni is a habitual offender with a serious criminal background. It pointed out that he had repeatedly approached courts seeking bail, and had even been fined by a court for filing successive bail petitions.
Notably, the prosecution submitted that within a month of being released on bail by the Supreme Court in an earlier case, Pulsar Suni was implicated in yet another criminal matter — a detail the state cited as evidence of his repeat-offender status.
Background: The 2017 Assault Case
The case dates to 2017, when a prominent Malayalam actress was allegedly abducted and sexually assaulted inside a moving vehicle in Kochi. Pulsar Suni was identified as the prime accused and was convicted by the trial court, which sentenced him to 20 years' rigorous imprisonment. The case drew national attention and became a landmark moment for the Malayalam film industry's reckoning with workplace safety and gender violence.
Actor Dileep, who was arrested in connection with the case shortly after the 2017 incident on allegations of conspiracy, was subsequently acquitted along with several co-accused.
What Happens Next
With the sentence suspension rejected, Pulsar Suni will continue to serve his term while his appeal against conviction remains pending before the Kerala High Court. The prosecution's separate appeal seeking a harsher sentence also awaits hearing. The High Court's eventual ruling on the main appeal will be closely watched as a significant verdict on sexual violence jurisprudence in India.