Kerala High Court today denied anticipatory bail to M Sivasankar, former principal secretary of Kerala CMO, in cases registered by Enforcement Directorate and the Customs Department in the gold smuggling case.

Sivasankar was taken into custody by Enforcement Directorate after his bail plea was rejected. He was taken into custody from the Ayurveda Hospital in Thiruvananthapuram where he was admitted

Sivasankar is facing prosecution by the ED and the Customs Department as well, and both the agencies have opposed his bail in the case pertaining to the smuggling of gold in the state through diplomatic channels.

The Customs department, in its report in the High Court, alleged that Sivasankar faked illness to get admitted to a hospital. 

The Customs Department submitted that the 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.

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

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