Ernakulam: A court on Tuesday granted bail to Swapna Suresh, a key accused in the gold smuggling case, in a case filed by the Enforcement Directorate.
Ernakulam Principal Sessions Court granted conditional bail to Suresh in the money laundering case. She was granted the bail after the agency investigating the case -- the Enforcement Directorate (ED) -- failed to file a charge-sheet within the stipulated 60 day period.
The bail conditions mandated her not to leave Ernakulam district and pay a bond of Rs 1 lakh. The court has also issued directions against influencing the witnesses or interfering with the investigation.
Additional Solicitor General appears for ED
The charge-sheet was filed only on the 72nd day after the ED investigation team recorded her arrest. However, the court clarified that the argument saying she must not be granted bail after filing the charge-sheet will not hold water. The court also ruled out the need for extended judicial custody as the collection of evidence and interrogation was completed.
The defence lawyer argued for Swapna’s bail as the charge-sheet was not filed within the stipulated time frame of 60 days in the case. The investigation agency was said to have rushed and filed the charge-sheet acting on a tip-off about Swapna's intention to file a bail petition.
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Additional Solicitor General Sooryaprakash V Raju, who appeared in the Court for ED, argued that the accused may not be granted bail as the charge-sheet was filed. The ED also pointed out a blip in the bail petition submitted by Swapna’s lawyer after she missed mentioning the bail plea was to be granted as per CrPC section 167. Despite hurriedly filing the charge-sheet and bringing additional Solicitor General to appear for the agency, the bail was granted to the accused by the Court.
No relief for Swapna
Despite having secured a second bail in the last 10 days, Swapna will have to remain in the prison as she is undergoing judicial custody in the case of gold smuggling through the diplomatic baggage channel which investigated by NIA.
Due to the high profile nature of the case, it is investigated by the NIA, the Central Customs department and the Enforcement Directorate. Each of the agencies has pressed several charges on Swapna and others held in the case.
On October 6, an Additional Chief Judicial Magistrate (ACJM) court in Ernakulam had granted her bail in a case filed by the Customs department. The ACJM court which handles economic offences issued the bail on the grounds that the Customs failed to file a charge-sheet in the stipulated time frame of 60 days.
Also Read: Kerala gold smuggling case: Swapna Suresh granted bail
The Customs department could also book Swapna under the Conservation of Foreign Exchange and Preventions Of Smuggling Activities (COFEPOSA) act and keep her under preventive detention for up to one year.
