Sunil N.S. v. State of Kerala
(2023) 2 KLT 404
In the High Court of Kerala
B.A. 1023/2023
Before Justice P.V. Kunhikrishnan
Decided on March 06, 2023

Relevancy of the Case: Bail application in a case involving abduction, sexual harassment, and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Sections 66A, 66E)
• The Code of Criminal Procedure, 1973 (Section 273)
• The Indian Penal Code, 1860 (Sections 34, 109, 120B, 342, 366, 354, 354B, 357, 376D, 201, 212)

Relevant Facts of the Case

• The main accused and co-accused abducted the victim in a moving car. They then proceeded to harass her sexually. Due to such allegations, the applicant is awaiting trial in judicial custody for 6 years.
• The applicant had also approached the Supreme Court for bail. However, the Supreme Court rejected the application with the liberty to renew the bail application, provided the trial was not completed within a reasonable timeframe. Hence, the applicant has filed for bail before the High Court while his trial is pending.

Prominent Arguments by the Advocates

• The applicant’s counsel submitted that the main accused is already out on bail.
• The respondent’s counsel argued against the grant of bail. The counsel stressed on the grave nature of offences. Moreover, the prosecution and the court are trying to complete the trial within a reasonable timeframe.

Opinion of the Bench

• The court had directed the Registry to submit a report on the time required to dispose of the case. The report estimated at least six more months. As such, there is no delay in the trial’s conduct.
• A court cannot deny a bail application solely based on the evidence presented. The court should give justifications for accepting or rejecting a bail application.

Final Decision

• The court rejected the bail application.