SUNIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 439 of the Criminal Procedure Code (for short, 'Cr.P.C.') by the petitioner on 23/5/2024, i.e., within three days after dismissing his earlier bail application filed as B.A.No.3403/2024. This is the 10th bail application filed by the petitioner under Sec. 439 Cr.P.C. Whether the petitioner is entitled to file bail application after bail application, when this Court already observed that the petitioner has to face trial in custody? When repeated bail applications are filed by an accused without any change of circumstances, whether this Court can impose costs? These are the questions to be decided in this case.

(2.) Petitioner/accused Sri.Sunil N.S. is the 1st accused in Crime No.297/2017 of Nedumbassery Police Station, Ernakulam which is generally known in Kerala as a case of 'assault against the cine actress'. The above case is now pending before the Principal 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 8th accused in the case, the petitioner/ 1st accused, along with certain other accused, abducted and sexually assaulted the victim in this case in a moving car. The victim is also a movie star as stated above. The offence alleged against the petitioner and other accused persons are under Ss. 120B, 109, 342, 366, 354, 354 B, 357, 376 D, 201 and 212 r/w Sec. 34 of the Indian Penal Code and also under Ss. 66E and 66A of the Information Technology Act, 2000.