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Former Principal Secretary to the Chief Minister, M. Sivasankar, had feigned illness and bought himself admitted in a hospital in Thruvananthapuram the place his spouse works to avoid questioning by the customs in reference to the diplomatic channel gold smuggling case, in accordance to an announcement filed by the Customs earlier than the Kerala High Court.
The assertion was filed in response to an anticipatory bail petition filed by the Senior IAS officer. The court docket had on Tuesday directed the Customs not to arrest him until October 23 within the case.
The Customs identified that that the pretended illness had turned out to be a pretend in view of the medical opinion which stated that ache killers would deal with his backpain. Besides, he had executed a vakalath for the anticipatory bail on October 14 in Kochi earlier than leaving for Thiruvananthapuram. However, the place the place had put in his signature was not proven within the Vakalath. It exhibits that he had made all plans to fake illness and get himself admitted in a hospital the place his spouse works to avoid questioning by the Customs.
Besides, his petition for anticipatory bail was not maintainable. It was necessary beneath part 438 of the Code of Criminal Procedure that the one that moved such petition ought to fulfill the court docket that he was charged with non-bailable offences and that he feared arrest in reference to the offences. Both these statements have been absent in his petition. He had not particularly said in regards to the offences he had been charged with.
In his petition. Mr. Sivasankar stated that regardless of questioning him on many events, the investigation company together with the customs didn’t get any incriminating supplies to implicate him within the gold smuggling case. He apprehended that if he was arrested, the Customs officers would manhandle him. He additionally feared that the Customs would handle to register new crimes with none foundation and get the petitioner remanded to fulfill political knowledge in addition to different vested pursuits. Besides, custodial interrogation of the petitioner was not required.
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