Attempt To Terrorise And Prevent Performance Of Advocate's Duties: Advocate Krishna Raj In His Anticipatory Bail Application

Advocate Krishna Raj, the lawyer for Swapna Suresh and Sarith who are the accused in the Kerala Gold Smuggling Case, has moved the Earnkulam District Court seeking anticipatory bail in the FIR registered against him.

An FIR was registered against him on June 11 for the offence under Section 295 A of the IPC with respect to a Facebook post. The FIR has been registered based on a complaint of an Advocate Anoop.V.R.

In the anticipatory bail application filed through Advocate B.N. Shiv Shanker, Krishna Raj has contended that his sarcastic comments were twisted to register the FIR "due to animosity against him for being advocate of Swapna Suresh who has given Section 164 statement to the Magistrate against the involvement of high officials and politicians in the gold smuggling scam including the Chief Minister of Kerala and his wife and daughter".

He has contended that he had approached the High Court when the Guruvayoor Devaswom Board without any authority transferred 5 Crore rupees into the Chief Minister's Relief Fund and the Court has ordered the state government to refund Rupees 5 Crore to the Devaswom Board. The application says that despite the direction of the High Court, the state government has not refunded the amount to the Devaswom Board and he was about to file a contempt case against the state when the FIR was registered to "terrorise him to drop and restrain him from taking further steps against state government".

Swapna Suresh had recently made very serious allegations against Kerala Chief Minister Pinarayi Vijayan and his family about involvement in the gold smuggling. An FIR was registered against Swapna on a complaint by MLA and Ex-Minister K. T. Jaleel under Sections 120 B and 153 of the IPC alleging that Swapna has spread rumours and made false statements against him and the Chief Minister, thereby attempting to incite people for rioting.

In a Petition filed through Advocate Krishna Raj before the Kerala High Court, Swapna has claimed that one Shaji Kiran came to her office as instructed by the Chief Minister Pinarayi Vijayan asking her to retract her statement given before the Judicial First Class Magistrate III, Ernakulam under Section 164 of the CrPC.

It was also said in the petition that Shaji Kiran is the person "who is handling the investment of the Chief Minister as well as Kodiyeri Balakrishnan abroad".

The Kerala High Court had closed the bail application after recording the submission of the public prosecutor that the offence alleged are all bailable offences and the petitioners cannot have any apprehension of arrest in connection with the case.