On Friday, the High Court of Kerala reserved its order on the anticipatory bail appeals filed by M Sivasankar, Ex-Principal Secretary in Kerala CM's Office, in connection with the Kerala gold smuggling case.

A single-Judge bench of Justice Ashok Menon reserved its order for Oct 28 & extended the interim protection from arrest till the order is pronounced.

Sivasankar had filed bail appeals in connection with the cases being probed by the Enforcement Directorate & the Customs Department in the Kerala gold smuggling case. Both the agencies have already filed their responses on the bail plea.

The Enforcement Directorate, in its response before the Court, submitted that Sivasankar's alleged links with the gold smuggling case accused Swapna Suresh can be established only through custodial interrogation.

ED submitted to the Court, "Sivasankar participated in various activities with Swapna Suresh & others who have been booked under the Unlawful Activities (Prevention) Act (UAPA). He is also linked to serious economic offences & hence his custodial interrogation is required".

The Customs Department, on the other hand, had opposed the bail plea maintaining that Sivasankar faked illness to get admitted to a hospital. It said that anticipatory bail plea is not maintainable in law particularly under Section 438 of the Code of Criminal Procedure, which deals with the direction for grant of bail to a person apprehending arrest.

Meanwhile, on Thursday, a special NIA Court disposed of Sivasankar's anticipatory bail plea in connection with a case related to gold smuggling being probed by the National Investigation Agency (NIA) after it was informed that Sivasankar is not an accused as of now & the arrest isn't under consideration.

The case, which is currently being probed by the ED, the NIA & the Customs Department, pertains to the smuggling of gold in the state through diplomatic channels.

The matter had come to light after 30 kg gold worth Rs 14.82 crore, smuggled in a diplomatic cargo, was busted by the Customs in Thiruvananthapuram on July 5.

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