'No grounds for advance bail' – HC remarks that led to Sivasankar's arrest

Kochi: Kerala High court on Wednesday wondered why one accused of financial misdemeanors should seek advance bail when the probe is at an early stage. It made caustic observations in this regard as it took up the anticipatory bail plea of suspended bureaucrat M Sivasankar who has been booked by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA) over shady deals with an international gold smuggling racket.

Sivasankar was taken into custody by the Enforcement Directorate soon after the verdict and his arrest was recorded at the night.

The court observed that the investigating agency, ED, may not be having sufficient evidence at the moment to arraign him as an accused in the case and there may not be sufficient evidence for now to suggest he is guilty. But the ED has gathered sufficient material to interrogate him for which he is bound to cooperate as a senior government officer.

Sivasankar has not been arraigned in the cases registered by ED and Customs. Hence the anticipatory bail plea at this stage is immature, the court observed.

'More probe needed'

While rejecting the anticipatory bail plea, the court directed that the involvement of Sivasankar in money laundering required to be probed further and unearthed. The officer was in constant touch with accused Swapna Suresh and had asked the chartered accountant to help her. This indicates that Sivasankar might have known about money laundering by Swapna.

'Not just official liaison'

The court also observed that there were clear indications that Sivasankar had close contact with Swapna beyond the official level. The communication between Sivasankar and the CA suggests the former was overseeing Swapna's financial affairs.

Sivasankar may be a person involved in the money laundering with Swapna. It was Sivasankar who introduced Swapna to the CA. Sivasankar also held discussions with the CA regarding investment of Swapna's money, the court noted.

It was also pointed out that the IAS officer had ordered for opening lockers for Swapna and CA at an SBI branch in Thiruvananthapuram.

'Expecting rule-bound arrest'

The court also noted that it expects arrest for valid reasons. The senior ED officials will abide by the rules and regulations if Sivasankar is arrested, the court hoped.

Only senior officials have the powers to carry out the arrest and they would do so only if there is sufficient evidence, the court pointed out.