Possible that M Sivasankar knew of Swapna Suresh's alleged involvement in Gold Smuggling case: Kerala High Court [Read Orders]

The Kerala High Court today dismissed two bail applications moved by suspended Kerala CMO bureaucrat M Sivasankar while observing that there was material to indicate that he may have been aware of the alleged gold smuggling activities by Swapna Suresh (M Sivasankar v. State, M. Sivasankar v. Customs)..Justice Ashok Menon observed in one of his orders, "There is clear indication that the applicant was very close to Swapna Suresh, the prime accused in this crime (the Kerala gold smuggling case).".[Breaking] Kerala Gold Smuggling Case: Kerala High Court dismisses Sivasankar's Anticipatory Bail Applications.The Court further recorded that there seemed to be material to indicate that the bureaucrat was involved in money laundering and had knowledge of the activities of Swapna Suresh, who presently stands accused of smuggling gold via diplomatic channels..As noted in one of the orders passed today,."... there are strong indications pointed out by the ED to suggest that the applicant may be a person involved in the money laundering with Swapna Suresh. The statements given by the Chartered Accountant and the accused Swapna Suresh strongly indicate the involvement of the applicant. Probably there may not be sufficient evidence at present collected by the ED to implicate the applicant as an accused, and there also may not be sufficient evidence to suggest that he is guilty of the offences alleged. But they have sufficient materials to interrogate him, for which he is bound to cooperate, as a Senior Government official.".Sivasankar's anticipatory bail pleas in the matter were, however, dismissed for being premature since he had not been named an accused till date. .The Judge noted that while the CMO's Secretary, Sivasankar helped Swapna Suresh manage her finances. This pointed out that their acquaintance went beyond their official capacities, the Court reasoned.."The fact that the applicant was in constant contact with one of the prime witness, namely Swapna Suresh, and that he had even volunteered to help her by contacting his Chartered Accountant and asking him to assist her in managing her finances indicates that there is a fair possibility that applicant knew about the involvement of Swapna Suersh in the alleged smuggling activity. Whether the applicant was himself actively involved in the commission of the offence is something which is to be investigated and found out.".The Court added, "The fact that he had intervened in the management of the finances belonging to Swapna Suresh is a situation adverse to him.".Accepting the arguments of the Counsel for the Customs Department, Senior Advocate Ramkumar and the Additional Solicitor General SV Raju that the Court should be slow to grant anticipatory bail in cases involving economic offences, the former Secretary's anticipatory bail applications were dismissed..The Court agreed with ASG Raju (for Customs) when he submitted that the Prevention of Money-Laundering Act excluded anticipatory bail, empowering only high ranked officers to arrest based on reasons recorded in writing..As for the offences under the Customs Act, the Bench stated that applying for bail was permissible, but in the present case, considering the nature of the offence, bail could not be granted. ."I find that the power of the Customs Department to question the applicant under Section 108 cannot be curtailed by granting anticipatory bail."Justice Ashok Menon ruled.Sivasankar was therefore directed to cooperate with the Customs and the ED in future investigations. Senior Advocate P Vijayabhanu appeared for Sivasankar..Shortly after the Court dismissed these pleas, Sivasankar was reportedly taken into custody by the Enforcement Directorate, one of the agencies probing the Kerala gold smuggling case..Read the Orders here: