Kerala High Court grants bail to nine CPI(M) workers booked for attacking ED officials

The Kerala High Court on Monday granted bail to nine CPI(M) workers booked for attack on Enforcement Directorate (ED) officials who were returning after a search operation conducted at the residence of the former Kerala Chief Minister Pinarayi Vijayan.

Justice Kauser Edappagath observed that while the allegations are serious, the accused have been in judicial custody for 67 days and they do not have any criminal antecedents.

"Even after 67 days the police has not recovered the weapon used for the attack. Then when will they? I understand there is prima facie material, allegation is very serious and cannot be justified and that the act has to be condemned but still they are in custody for the last 67 days, investigation is almost over and nobody has any criminal antecedents," the judge said

The accused including Kiran PS, Jeevan, Anil Kumar, Sreejith, Nishad, Sidharth S, Shefeek, Nandhu GR and Rahul A Rajan moved the High Court after the District and Sessions Court at Thiruvananthapuram dismissed their bail pleas on July 21.

According to the prosecution, the incident occurred on May 27, after ED officials had concluded their search at the former CM's residence, where Vijayan and his daughter, Veena Thaikkandiyil resided.

The search was part of the central agency's investigation into the CMRL case involving allegations against Exalogic, the IT company owned by ThaikKandiyil.

It was alleged that a crowd of around 300 persons surrounded the officials convoy and attacked the vehicles with stones, bricks, sticks and iron rods causing damage.

Subsequently, the Museum Police registered a case invoking various provisions of the Bhartiya Nyaya Sanhita (BNS), including Section 109 (attempt to murder), along with Section 3 (1) of the Prevention of Damage to Public Property Act.

In one of the bail pleas, the accused, Sreejith contended that he remained in judicial custody for 56 days during which he was also subjected to 2 days of police custody and that the investigation was substantially complete.

It was further alleged that the police failed to comply with Section 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which requires the police to properly inform a family member, friend or a person nominated by the arrested individual about the arrest.

The plea also stated that the accused were implicated solely on the basis of photographs published by the media, without ay proper identification process such as a test identification parade.

The plea also challenged the invocation of Section 109 of the BNS, stating that the offence was not made out as none of the ED officials sustained serious injuries and that it was included only to enhance the gravity of the offences alleged.

Note: An earlier version of the story incorrectly said that court granted bail to seven accused when in fact, it granted bail to nine accused. The error is regretted.

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