Kerala High Court Asks State To Produce Alleged FIS In Swapna Suresh's Plea To Quash Conspiracy Case

Thereafter, KT Jaleel had 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.

The petition moved through Advocate R. Krishna Raj alleged that the complaint lodged against her is false, malicious and unsustainable. Suresh contends 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.

It is also averred in the petition that after the incident, another prime accused, PS Sarith, was kidnapped by four police officers from his house using brutal force in which he sustained injuries. The plea said that he was informed that he was being 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.

The petitioner has also raised grave allegations against the Chief Minister Pinarayi Vijayan stating that Vijayan had sent one Shaj Kiran to pressurize her to surrender that she gave the 164 statement at the instigation of her counsel, RSS and BJP. The said Shaj Kiran allegedly threatened her with dire consequences if she failed to do so, including that she will be implicated in several cases.

As per the plea, Shaj Kiran also informed her that, although the case has been only against Suresh so far and though the offences registered against her were only Sections 153 and 120 B of IPC, more charges will be added and that Sarith will also be included as an accused in the same.

The petition also contends that since Swapna Suresh has given a statement under Section 164 of CrPC, she comes under the ambit of the Witness Protection Scheme, adding that she has moved a separate application under the Scheme before the Session Court which is pending consideration.

She has argued that since she has given a 164 statement that discloses offences committed by the complainant MLA, this was a clear case of an attempt to intimidate her, who is a witness as defined in the Witness Protection Scheme. Suresh added that the MLA and the Police were attempting to prevent her from disclosing facts about the MLA's involvement in the offences before the Judiciary.

The petitioner prayed that the Court's interference is absolutely necessary to secure the ends of justice as the malicious intention of the prosecution is clear from the facts as it is motivated and done with the intention to sabotage the process of law initiated by the petitioner under Section 164 of CrPC.

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