The Kerala High Court on Thursday granted bail to 31 accused, including three women, in the Suryanelli gangrape case, but with stringent conditions. The court also suspended the execution of sentence awarded to them by the special court in Kottayam.
A Division Bench comprising Justices K T Sankaran and M L Joseph Francis passed the order and directed the accused to not leave the state without prior permission of the High Court.
The accused had approached the court in view of a Supreme Court order setting aside the earlier High Court verdict acquitting all but one accused in the case.
The special court had sentenced 35 accused to rigorous imprisonment (RI) for varying terms. Out of the 35, three accused have died and Dharmarajan, the lone convict in the case, has not filed any application for suspending the life term handed to him. He is now at the Poojappura Central Jail.
The Bench observed that “It would not be just and proper to direct the accused to remain behind bars till the disposal of appeals, particularly when they were on bail during the trial and in the appellate stage.”
The Court had earlier suspended the execution of sentence in September 2000, and released the accused on bail during the hearing of the appeal.
According to the petitioners, 12 years have elapsed and the prosecution cannot contend that the accused had violated any of the conditions in the bail order.
