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P. V. KUNHIKRISHNAN
Sunil N. S. – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 439 of the Criminal Procedure Code (for short, 'Cr.P.C.') by the petitioner on 23.05.2024, 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 Section 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 vi
The main legal point established is that repeated bail applications without change of circumstances can be dismissed with costs to deter frivolous litigation.
Bail – Period of long undertrial detention alone is not a ground to grant bail to accused—Gravity of offence alleged against accused is also a criterion to be considered by Court while deciding bail ....
Point of Law : There is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be considered on facts and circumstances of each case and on its own merits.
Delay in trial cannot be used as a ground for bail.
The need for a substantial change in circumstances for successive bail applications and the limited impact of the period spent in custody and the framing of charges on the bail application.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
The gravity of the charges, the interest of society, and the likelihood of the accused being available for trial are crucial factors in deciding bail applications.
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