Gold smuggling case accused Swapna, Sarith file anticipatory bail plea in Kerala HC

Swapna Suresh, the key accused in the Kerala gold smuggling case, and PS Sarith,  co-accused in the case, have approached the Kerala High Court, on Thursday, June 9, seeking anticipatory bail in connection to the complaint filed by MLA and former minister KT Jaleel. They have also levelled fresh allegations against Chief Minister Pinarayi Vijayan and others of threatening them to retract Swapna’s statement about his alleged involvement in the gold smuggling case.

Swapna, on Tuesday, said that she gave a statement under Section 164 of the CrPC naming Pinarayi, his wife Kamala Vijayan, daughter Veena Vijayan, former state Chief Secretary Nalini Netto, Additional Private Secretary to Kerala Chief Minister CM Raveendran and former Kerala Education Minister and current legislator KT Jaleel, related to the gold smuggling case. Section 164 of CrPC pertains to confidential statements and confessions made in front of a magistrate.

The next day, Jaleel had filed a complaint, on Wednesday, alleging conspiracy behind Swapna’s statement against Pinarayi and his family and a case was registered under different sections of the Indian Penal Code (IPC) including 120B (criminal conspiracy) and 153 (provocation with intent to cause riot), against Swapna and former MLA PC George.

In her bail petition, Swapna has contended that “interacting with the media and sharing some information contained in her statement given before a court of law will not qualify to be a provocation with intent to cause riot and does not fall under section 153 of IPC.” She also alleged that on Wednesday, a person by the name of Shaji Kiran had approached them and threatened them with dire consequences if she did not retract her statement.

Swapna and Sarith stated that they knew Shaji through Sivasankar, and he was a person close to Pinarayi and Kodiyeri Balakrishnan. They also claimed that he was handling the duo's investments abroad. Further, they allege that he came to meet them under the instruction of Pinarayi to “settle the issue” created by Swapna by giving the statement.

The bail petition further states that Shaji had pressurised them to surrender before Pinarayi and allegedly said that if they did not do so, there would be dire consequences.

According to Swapna and Sarith, Shaji’s demand was for Swapna to record an “audio/video stating that the facts contained in the statement given under Section 164 CrPC are false,” and she was given time till 10 am on June 9. Stating that they were threatened with arrests, the duo moved an anticipatory bail plea.