KOCHI: Swapna Suresh, the key accused in the smuggling of gold via the diplomatic channel, was on Thursday denied bail on Thursday by the Additional Chief Judicial Magistrate (Economic Offences) Court who said she is an extremely 'influential woman' in the 'corridors of power'.
The court also denied bail to another accused Said Alavi even though he claimed it on medical grounds.
Deepu C, Additional Chief Judicial Magistrate (ACJM), observed that Swapna cannot be released on the grounds that she is a woman.
"Indian women are generally considered as a weaker section of society. Therefore, discretion can be exercised in favour of a woman. Swapna is an extremely influential lady. Even after her resignation from the consulate, she continued to help the top officials there. That apart, she managed to obtain employment in the project proposed by the state government. Her extreme influence in the corridors of power is evident from the available records. Such a woman is not entitled to the benefit of the proviso to section 437 of CrPC (provision for granting bail in non-bailable offence)," the court observed.
Regarding the bail petition filed by Said Alavi on medical grounds, the court maintained that it checked the medical reports regarding treatment for a prostate-related ailment he underwent six months ago. No recent medical reports were received. The discharge summary issued six months ago states that his condition is stable.
If the accused needs instant medical treatment for critical ailments at a specialty hospital with the help of his relatives, the request can be positively considered, said the court. "If accused persons are allowed to step out of the jail on the grounds of all kinds of sickness, it would open the flood gates for the accused," the court added.
The court said the instant release of both the accused will hamper the successful progress of the investigation. The court also ordered the Jail Superintendent to provide all necessary medical aid to Said Alavi and he should be lodged in a hygienic ambience to avert the possibility of infection.
"I find great force in the submission of the learned Special Prosecutor that petitioners are likely to tamper with evidence, influence witnesses and help the absconding accused in the event of granting bail," the court stated.
Earlier, the Customs had opposed the bail plea of Swapna, saying she managed to escape from Thiruvananthapuram when the triple lockdown was announced. Similarly, crossing several checkpoints, she reached Kochi and later went to Bengaluru.
The court in its order stated, "Considering the series of events, prima facie, I find reasons to uphold the contention of the Special Prosecutor that she could not normally abscond freely to the neighbouring state after crossing several checkpoints unless she got some favour from such checkpoints."
However, the court decided not to make any observation about the role of the consul general and charge d'affairs of the UAE consulate for want of sufficient material to link them. Earlier, the NIA court also ruled out bail to Swapna Suresh.
The ACJM court also extended the judicial custody of eight accused persons in the case till August 25 after examining them via video conferencing.