SUNIL N.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point to be decided in this bail application is whether the period of long undertrial detention alone is a ground to grant bail to an accused.

(2.) The petitioner/accused, Sri. Sunil N.S, herein is the first accused in Crime No.297 of 2017 of Nedumbassery Police Station, Ernakulam. The above case is now pending before the Principal Sessions Court, Ernakulam as Sessions Case No. 118 of 2018.

(3.) The prosecution case is that in furtherance of a criminal conspiracy by a movie star, who is the 8th accused in the case, the petitioner/first accused along with certain other accused abducted and sexually assaulted the victim in this case in a moving car. The offences alleged against the petitioner/accused and other accused are under Ss. 120B, 109, 342, 366, 354, 354B, 357, 376D, 201, 212 read with Sec. 34 of the Indian Penal Code, 1860 and under Ss. 66E and 66A of the Information Technology Act, 2000. The petitioner/accused herein has been custody in connection with the above case from 23/2/2017 onwards. The petitioner/accused has been in judicial custody for the last six years. The petitioner/accused approached this Court earlier by filing a bail application numbered as B.A. No.2594 of 2022, and the same was dismissed by a detailed order on 29/3/2022. That order was challenged by the petitioner/accused before the Supreme Court, and the Apex Court dismissed the bail application with an observation that if the trial is not concluded within a reasonable time, the petitioner/accused is at liberty to renew his application for grant of bail pending trial before the High Court. Based on the above observation of the Apex Court, the present bail application is filed.