Actress assault case: Kerala HC rejects Pulsar Suni’s plea to suspend sentence; to remain in jail

Kochi: In a major setback for Pulsar Suni (N S Sunil), the first accused and convict in the actress assault case, the Kerala High Court has rejected his plea to suspend his prison sentence. A division bench, comprising Justice Raja Vijayaraghavan and Justice K V Jayakumar, observed that the petitioner failed to point out circumstances sufficient to warrant a suspension of the sentence. The bench had heard detailed arguments on the matter on Thursday.

"The petitioner has failed to point out any manifest error or illegality in the judgment passed by the Sessions Judge. Therefore, this Court cannot consider the findings of the Sessions Judge to be so unbelievable or irrational as to warrant a suspension of the execution of the sentence. The petitioner has failed to put forth any exceptional or sufficient grounds to suspend the sentence imposed by the trial court," the court clarified.

Both the State Government and the victim had strongly opposed the first accused's plea seeking a suspension of the sentence and the grant of bail in the case, which involves the assault on the actress and the filming of derogatory visuals. The government argued that if bail were granted, there was a high risk of the visuals of the assault being leaked. The victim also argued that the crime committed was heinous and that bail should not be granted.

Pulsar Suni’s counsel argued that he had already spent eight years, four months and 17 days in prison, including the period during the trial, and requested the court to suspend the sentence and grant bail. Senior Advocate Shasthamangalam Ajithkumar, appearing for Suni, highlighted this prolonged imprisonment as the primary ground for suspending the sentence.

However, Special Public Prosecutor V Ajakumar countered by stating that the mobile phone used to record the visuals of the assault has not yet been recovered and a further investigation is underway regarding this. He also noted that an appeal has been filed seeking an enhancement of the sentence.

Supreme Court Advocate Vrinda Grover, appearing for the victim, argued that bail should not be granted merely on the grounds of prolonged imprisonment. She further informed the court that the victim would also be filing an appeal against the trial court's order.