The Kerala High Court rejected Swapna Suresh’s anticipatory bail pleas, stating ongoing investigations and no current intention to arrest her. The allegations involve spreading defamatory information against key figures. Despite the denial, Swapna Suresh is willing to cooperate in the ongoing investigation.
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KERALA: On 28th February, the Kerala High Court has dismissed two pre-arrest bail applications filed by Swapna Suresh, a key figure in the notorious gold smuggling scandal. The bail pleas were in relation to FIRs accusing her of disseminating false and defamatory content about MLA K.T. Jaleel, Chief Minister Pinarayi Vijayan, and the state government. Justice Viju Abraham decided to close the bail pleas, highlighting the ongoing nature of the investigations.
The Public Prosecutor emphasized-
“investigations are going on and there is no intention to arrest Swapna Suresh,”
But made it clear that her cooperation with the investigation remains imperative.
Representing Suresh, her counsel assured the court-
“she was ready to duly co-operate with the investigation.”
This case has attracted significant attention due to Suresh’s previous allegations implicating high-ranking officials, including the Chief Minister and his family, in smuggling operations.
The bail applications were specifically against FIR No. 5483/2022 from the Cusaba Police Station in Palakkad and FIR No. 645/2022, which includes charges under Sections 153 and 120B of the IPC, at the Cantonment Police Station in Thiruvananthapuram. The court’s decision marks a pivotal moment in this high-profile case, underscoring the seriousness with which the allegations are being treated.
Section 153 of IPC-
Anyone who intentionally and unlawfully provokes another person, with the knowledge or intent that such provocation is likely to lead to the commission of the offense of rioting, shall be subject to imprisonment for a maximum period of one year, or a fine, or both, if the offense of rioting is indeed committed as a result of such provocation. If the offense of rioting is not committed, the individual may face imprisonment for up to six months, or a fine, or both.
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Section 120B of IPC-
Individuals involved in a criminal conspiracy to commit an offense punishable by death, life imprisonment, or rigorous imprisonment for two years or more, are liable to be punished as if they had abetted the offense, in the absence of explicit legal provisions for such conspiracies. For conspiracies related to offenses of a lesser magnitude, the participants may be subject to imprisonment for a term not exceeding six months, a fine, or both, according to the law.