'Prima Facie Aided In Commission Of Crime': Kerala High Court Refuses To Suspend Sentence Of Martin Antony In 2017 Actress Rape Case
The Kerala High Court has refused to suspend the 20 years sentence imposed upon Martin Antony, the 2nd accused in the 2017 Actress Assault case.
He was one of the six persons, who were convicted by the Sessions Court, Ernakulam.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar dismissed the sentence suspension plea filed by Antony.
"On careful consideration of the available records on evidence, we are unable to accept the contention of the learned counsel for the applicant that he was only a mere driver in the...vehicle, with no active role in the commission of the crime or motive. Prima facie, it appears that the applicant had assisted and aided the commission of the crime, and he had shared the common intention with all the conspirators...
Having regard to the role attributed to the applicant, the nature of the offence, the manner in which it was committed, the gravity and seriousness of the crime, the sentence imposed by the trial court, his alleged involvement in another criminal case while he was on bail in the present case, and his violation of the conditions of bail imposed by the Court, we are of the considered view that no exceptional circumstance has been made out warranting the suspension of the sentence. We have also taken into account the larger considerations of public interest, the societal impact of the offence, and the need to preserve public confidence in the administration of criminal justice," the Court observed.
The counsel appearing for Antony had argued that he was not involved in the offence and he was arrayed merely because he was deputed as the driver to pick up the victim on the day of the incident. It was also argued that he did not commit the offence and was not even present in the vehicle at the time of commission. Moreover, the survivor did not depose regarding his involvement either, it was contended.
Antony's counsel also pointed out that he was taken out of the vehicle by the other accused and subjected to physical assault also, all of which evidenced that he did not know about the commission of the offence. It was argued that he had completed 5 ½ years out of the 20 year term. Moreover, with the conspiracy charges against actor Dileep (Accused no.8) being unproved, the major part of the prosecution case remains unproved.
The special public prosecutor opposed the plea and argued that Antony was one of the accused, who facilitated the commission of the offence. It was pointed out that there was constant communication between him and Pulsar Suni, the prime assailant, which was also proved. He also argued that the survivor deposed about Antony's involvement in the crime.
The prosecutor also pointed out that Antony was the first person who was arrested in the case and that though he tried to flee, he was brought back to the house of the PW5 (Lal), where he dropped off the survivor. Further, he attempted to destroy evidence by flushing out his SIM card down the toilet, it was argued.
Further, while on bail, Antony violated conditions and published defamatory videos of the survivor, for which separate crime was registered, the prosecution stated. Moreover, the State has also filed an appeal seeking enhancement of punishment, the prosecution stated.
The survivor's counsel also made arguments opposing the sentence suspension plea. She also submitted that the victim would be filing an appeal as well.
After hearing the parties, the Court was of the view that suspension of sentence ought not to be granted at the present stage, since no illegality was pointed out in the judgment of conviction.
The Court also took note of the deposition of the survivor, who had clearly stated that Antony was constantly on the phone while driving the vehicle and he facilitated the entry of the other accused in it. The fact of his attempted escape and destruction of evidence as well as the involvement in another crime was also considered by the Court while dismissing the plea.
Earlier, the sentence suspension pleas of prime accused Sunil N.S. @ Pulsar Suni, A6 Pradeep and A5 Saleem were also dismissed by the Court.
Case No: Crl. M.A. No. 1 of 2026 in Crl. A. No. 4 of 2026
Case Title: Martin Antony v. State of Kerala
Counsel for the applicant: Dr. Alex Joseph, Nisha K. Peter
Counsel for the respondents: V. Ajakumar - Special public prosecutor, Vrinda Grover (for the survivor)