The Kerala High Court on Wednesday closed a plea moved by Swapna Suresh, one of the main accused in the 2020 gold smuggling case, seeking anticipatory bail in a case registered by the Kerala Police in 2022 after she made some public allegations against Chief Minister Pinarayi Vijayan [Swapna Prabha Suresh v. State of Kerala].Justice Viju Abraham closed the plea after recording the submission of the public prosecutor that the police had no intention to arrest Suresh in connection with this case.Suresh was among those were arrested in July 2020 after an investigation conducted by Enforcement Directorate (ED) into money laundering, illegal financial transactions and massive gold smuggling through diplomatic channels.After spending over a year in jail, Suresh was released in November 2021 after securing bail.In June 2022, after she recorded a statement in the gold smuggling case before a Magistrate Court, Suresh spoke to the media and levelled several allegations against Chief Minister Pinarayi Vijayan, his wife and daughter, Member of Legislative Assembly (MLA) KT Jaleel and several high ranking officials.Suresh alleged that these persons were involved in anti-social and anti-national activities involving the Consulate where she used to be employed. She addedthat she had deposed in detail about the same before the Magistrate.A blazing political row ensued with allegations and counter-allegations flying at political parties across the board.Subsequently, former education minister and current MLA from the ruling CPI (M) party, KT Jaleel, filed a complaint with the Thiruvananthapuram Cantonement Police Station against Suresh.He alleged that Suresh had conspired with former MLA PC George to spread fake news and cause unrest in the State.This led to the registration of a first information report (FIR) against Suresh for allegedly committing offences under Section 153 (provocation with intention to cause riot) and 120B (criminal conspiracy) of the Indian Penal Code (IPC).Suresh then approached the Kerala High Court with the present plea seeking anticipatory bail, contending that the complaint lodged by Jaleel was a false one.The anticipatory bail plea alleged that when she was in jail (before securing bail in 2021), Suresh and other key accused were harassed, threatened and coerced to keep mum about the supposed involvement of the higher-ups in the government.Suresh's plea stated that on June 8, 2022, a person claiming to be close to the Chief Minister and late CPI(M) leader Kodiyeri Balakrishnan came to meet her and pressured her to withdraw her 164 statement.
Further, it was argued that the ingredients of the offence under Section 153 of IPC would not be attracted against Suresh since the provision clearly says that an act will attract the offence only if it is done with the intent to cause a riot.
Even though the offences alleged are both bailable, Suresh stated that her apprehension of arrest was not unfounded, prompting her to seek anticipatory bail from the High Court.
Suresh was represented by advocates R Krishna Raj, R Pratheesh, ES Soni, Sangeetha S Nair and Resmi A.
TAGS: Kerala High Court Swapna Suresh Anticipatory bail Gold smuggling case
