KOCHI: The Kerala High Court on Thursday closed proceedings in the anticipatory bail petition filed by gold smuggling accused Swapna Suresh and Sarith PS in the new police case registered on charges of provocation, with an intention to cause a riot, and criminal conspiracy. When the petition came up for hearing, the state government submitted that the offences alleged against Swapna in the FIR are bailable.
“Hence, the petitioner need not have any apprehension of arrest for the crime. Besides, Sarith is not an accused in the new case,” the government said. Recording the submissions, the court dismissed the plea.
The Cantonment police had registered the case based on a complaint filed by former local self-government minister K T Jaleel.
The complaint alleged that the petitioners had conspired with some others and that Swapna gave a false statement before the Magistrate Court under Section 164 of CrPC in a case pending before the Ernakulam Principal District Sessions Court. She spread false news, thereby tarnishing the image of the chief minister, the government, and Jaleel, the complaint said.
The counsel for the petitioners submitted that they were apprehending arrest because Sarith was taken into custody with no notice or authority and was asked about the details of the case though he is not an accused in the case.
Opposing the bail plea, the prosecution submitted that the bail application is not maintainable. “The offences under sections 153 and 120 B of IPC were both bailable offences. There cannot be anyapprehension. Wild allegations are made in the application. If there is an allegation regarding harassment, they should have moved a writ petition alleging police harassment. There are no specific facts indicating a non-bailable offence against the petitioners,” the prosecution said.