The Kerala High Court in the case Swapna Prabha Suresh & Anr. v. Station House Officer & Anr observed in a case registered against Suresh as the court dismissed the pre-arrest bail plea moved by Swapna Suresh and Sarith P.S for allegedly spreading false information against Pinarayi Vijayan, The chief Minister, K.T Jaleel, the MLA and the Government.
After recording the Public Prosecutor’s submission, the bench of Justice Viju Abraham dismissed the plea that that an anticipatory bail plea was therefore not maintainable as the second petitioner (Sarith) was not even implicated in the crime. Further, Justice Viju Abraham also observed that the offence under Section 153 (provocation with intention to cause riot) and 120B (criminal conspiracy) of IPC, 1860 were both bailable offences, alleged in the FIR registered against Suresh.
Appearing for the petitioner, Advocate R. Krishna Raj submitted and argued that the arrest was apprehended because Sarith was taken into custody with no notice or authority the other day and was questioned about the case despite of being that he was not an accused in the case.
Furthermore, it was opposed by the Public Prosecutor pointing out that the plea was filed merely to make some false information available to the public domain. The Public Prosecutor further argued that no concrete facts were produced by the petitioners to apprehend arrest. if they had such a case and that a plea for anticipatory bail was not the remedy for their grievances, they should have moved the court against police harassment, was also argued before the Court by the Public Prosecutor.
The grounds on which they sought the dismissal of the anticipatory bail plea that the first petitioner was only charge with the bailable offence and the second petitioner in the case was not even arrayed as an accused.
In the press, it was revealed by the Suresh that several persons in the administrative higher-ups including his wife, his daughter, MLA K.T Jaleel and many others were involved in several anti-social and anti-national activities involving the Consulate while adding that she had deposed the same before the Magistrate the Chief Ministers.
A complaint was logged by KT Jaleel alleging that Suresh conspired with some others after which she gave false statements before the Magistrate and spread false news to the media. However, attempting to incite riots. A Crime against Suresh was registered by the Police as per the Complaint made and under Section Sections 153 (provocation with intent to cause riot) and 120 B (criminal conspiracy) of IPC, 1860, She was booked.
In the present case, although not an accused in the case, the petitioner had sought anticipatory bail and Sarith P.S also moved for pre-arrest bail apprehending arrest as severe allegations were made against the Chief Minister as well in the bail application.
