Petitioners Cannot Have Apprehension Of Arrest- Kerala HC Records Submission Of Prosecution To Close Bail Application Of Swapna Suresh

The Kerala High Court has closed the anticipatory bail application filed by Swapna Suresh and Sarith P.S with respect to the case registered on the complaint of MLA and former Minister K. T. Jaleel.

The Bench of Justice Viju Abraham recorded the submission of Additional Public Prosecutor Narayanan that "the 2nd petitioner is not an accused in the said crime and that the offence alleged are all bailable offences and the petitioners cannot have any apprehension of arrest in connection with the above crime".

The 2nd petitioner Sarith was not named in the FIR and the offences alleged were under Section 153 and Section 120B of the IPC, both of which are bailable.

Advocate R. Krishna Raj had pointed out on behalf of the Petitioners about the arrest of Sarith.

The Petitioners had stated in the Bail Application that though the offences charged against Swapna are bailable and Sarith is not arrayed as an accused, they had approached the Court "considering the situation and the circumstances that prevail in the State right now and since the media reports clearly show that Mr. Pinaraayi Vijayan, who is the Chief Minister as well as the Home Minister is hell bound to see that the petitioners are taken into custody so as to coerce them to withdraw the statement given under 164 Cr.P.C".

In the Bail Application, serious allegations had been made 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.

"He started pressurising the petitioners to surrender before the Chief Minister. He informed that already a case has been registered against the 1st petitioner and if they do not surrender before the Chief Minister by openly stating that she has given 164 statement at the instigation of the petitioners' present counsel and RSS and BJP, he threatened the petitioners with dare consequences to the effect that they will not see day light as cases will be registered against them in such a way they will have to remain in jail for long", Swapna said in the Bail Application.

"Recording the above submission, anticipatory bail application is closed", the Court said in its Order.

Click here to read/download Order