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2023 Supreme(Ker) 118

P. V. KUNHIKRISHNAN
Sunil N. S. – Appellant
Versus
State of Kerala Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V.V.Pratheeksh Kurup
For the Respondent: P.Narayanan, Senior G.P. And Addl.Public Prosecutor, Shri.Sajju.S., Senior G.P., Sri. T.A Shaji DGP

ORDER :

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 Sections 120B, 109, 342, 366, 354, 354B, 357, 376D, 201, 212 read with Section 34 of the Indian Penal Code, 1860 and under Sections 66E and 66A of the Information Technology Act, 2000. The petitioner/accused herein has been custody in connection with the above case from 23.02.2017 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 numb

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