The Kerala High Court has refused to suspend the sentence of Martin Antony, the second accused in the 2017 actress abduction and sexual assault case, holding that no exceptional circumstances existed to justify post-conviction bail. The Division Bench observed that the conviction recorded by the trial court carried a presumption of correctness at this stage and that the applicant had failed to demonstrate any patent illegality or perversity in the judgment.
Background of the Case
Martin Antony, who was the second accused in Sessions Case No. 118 of 2018, was convicted by the Sessions Court on December 12, 2025, along with several other accused. He was sentenced to rigorous imprisonment, including a 20-year term for offences under the Indian Penal Code and related provisions of the Information Technology Act.
According to the prosecution case, the accused allegedly conspired to abduct the victim, sexually assault her, and record explicit visuals with the intention of humiliating and traumatizing her. The prosecution alleged that Martin Antony drove the victim from Thrissur to Ernakulam, continuously shared her location with the other accused, and facilitated the execution of the alleged conspiracy.
Seeking suspension of his sentence under Section 430 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Antony argued that he had no role in the alleged conspiracy, was merely deputed as a driver, had already spent over five years in custody, and that the evidence against him had been wrongly appreciated by the trial court.
Court's Observations
The High Court explained that the principles governing suspension of sentence after conviction are significantly different from those applicable while deciding regular bail before conviction. Referring to Supreme Court precedents, the Bench noted that once a person has been convicted, the presumption of innocence no longer survives and suspension of sentence can be granted only for strong and compelling reasons.
Examining the material placed before it, the Bench found that the victim had given a detailed and consistent account of the incident during trial. The court noted that she specifically referred to the applicant's conduct during the journey, including his alleged communication with the other accused and his actions after the vehicle was intercepted. The trial court had already found her testimony to be natural, reliable and worthy of acceptance after considering the defence's objections.
The High Court also took note of call detail records and other evidence relied upon by the prosecution. It observed that, at this stage, there was prima facie material indicating that the applicant had actively assisted in carrying out the alleged conspiracy rather than acting merely as a driver.
The Bench observed,
"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."
While considering the plea based on the period already spent in custody, the court held that the seriousness of the allegations, the manner in which the offence was found to have been committed, the sentence imposed by the trial court, the applicant's alleged involvement in another criminal case while on bail, and the larger public interest outweighed the request for suspension of sentence.
The Bench observed,
"No exceptional circumstance has been made out warranting the suspension of the sentence."
Court's Decision
After examining the record, the Kerala High Court concluded that the applicant had not shown any manifest illegality, perversity, or patent infirmity in the trial court's judgment that would justify suspending the sentence during the pendency of the appeal.
Holding that no sufficient or exceptional grounds existed for post-conviction relief, the Division Bench dismissed the application for suspension of sentence.
Case Details
Case Title: Martin Antony v. State of Kerala
Case Number: Crl. M.A. No. 1 of 2026 in Crl. A. No. 4 of 2026
Judges: Justice Raja Vijayaraghavan V. and Justice K. V. Jayakumar
Decision Date: July 31, 2026
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