Swapna Suresh Moves Kerala High Court For Pre-Arrest Bail In Conspiracy Case, Raises Grave Allegations Against Chief Minister

Swapna Suresh, the prime accused in the infamous gold smuggling case, has moved the Kerala High Court on Thursday seeking anticipatory bail in a case registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government. 

Although not an accused in the case, Sarith P.S has also moved for pre-arrest bail apprehending arrest. The bail application raises severe allegations against the Chief Minister as well. 

Swapna Suresh and Sarith P.S are the prime accused in the infamous gold smuggling case which had snowballed into a political controversy in the State. They allegedly smuggled 30 kilograms of gold through diplomatic cargo dispatched to UAE Consulate at Thiruvananthapuram. They are currently on trial before the Ernakulam Sessions Court. 

Meanwhile, on Tuesday, Suresh revealed to the press that several persons in the administrative higher-ups including the Chief Minister, his wife, his daughter, MLA  K.T Jaleel and many others were involved in several anti-social and anti-national activities involving the Consulate while adding that she had deposed the same before the Magistrate.

It is also averred in the petition that after the incident, Sarith was allegedly kidnapped by four persons from his house using brutal force in which he sustained injuries. Subsequently, he came to know that they were police officers of the Palakkad unit of the Vigilance and Anti-Corruption Bureau.

He was reportedly told that he was been taken into custody for questioning in the case related to Life Mission, but all they asked him was regarding the force behind Swapna Suresh giving the 164 statement. He was released by noon after which he had to undergo treatment.

KT Jaleel lodged a complaint alleging that Suresh conspired with some others after which she gave false statements before the Magistrate and spread false news to the media, thereby attempting to incite riots. 

As per this complaint, the police registered a crime against Suresh and she was booked under Sections 153 (provocation with intent to cause riot) and 120 B (criminal conspiracy) of IPC. 

In the bail application moved by Suresh and Sarith through Advocates R. Krishna Raj, R.Pratheesh, E.S. Soni, Sangeetha.S.Nair and Resmi A the petitioners have submitted that this is a false complaint. They admit that both these offences are bailable and that an anticipatory bail application may not be necessary. They also argued that although Sarith is not an accused in the crime, considering the circumstances prevailing in the State right now, it was critical to move a plea for pre-arrest bail.

The petitioners contend that the media reports clearly show that the Chief Minister is hell bound to see that they are taken into custody to coerce them to withdraw the statement given under 164 Cr.P.C. 

The petitioners have also raised grave allegations against the Chief Minister stating that he had sent a person to pressurize them to surrender. He allegedly threatened them with dire consequences if they failed to do so, saying that they will be implicated in so many cases that they will remain in jail.

Apparently, he also informed them that, although the case has been only against Suresh and though the offences registered against them are only 153 and 120 B of IPC they will include more charges and Sarith will also be included as an accused. 

It has also been submitted that the police officers have even threatened the life of the petitioners. When the pressure mounted, and they could no longer withstand the torture, Suresh gave a statement disclosing the involvement of these persons before the Magistrate under Section 164 CrPC. However, this statement has been suppressed by the Customs Department without any action or investigation being conducted about their involvement in the case.

Further, the petitioners argued that the ingredients of Section 153 will not be attracted here since the section clearly says that an act will attract the offence only if it is done with intent to cause a riot. As such, they have sought pre-arrest bail in the case. 

Case Title: Swapna Prabha Suresh & Anr. v. Station House Officer & Anr.