Kerala High Court: CPI(M) Workers Get Bail in ED Attack Case

• The Kerala High Court granted bail to seven CPI(M) workers booked for attacking ED officials in May.
• The accused had been in judicial custody for 67 days without any criminal antecedents.
• Justice Kauser Edappagath observed that the police has not recovered the weapon used in the attack, despite being in custody for so long.
• The bail order may impact ongoing investigations into the CMRL case involving Exalogic, an IT company owned by Vijayan's daughter.
• The decision highlights the need for a nuanced approach to bail applications, taking into account the length of time the accused have been in custody and their previous criminal record.

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 Kerala High Court has granted bail to seven CPI(M) workers who were booked for attacking Enforcement Directorate (ED) officials in May. The incident occurred after ED officials had concluded a search operation at the residence of former Chief Minister Pinarayi Vijayan, which is part of an ongoing investigation into the CMRL case involving Exalogic, an IT company owned by Vijayan's daughter Veena Thaikkandiyil.

According to the prosecution, a crowd of around 300 persons surrounded the officials' convoy and attacked the vehicles with stones. The accused CPI(M) workers, including Kiran PS, Jeevan, Anil Kumar, Sreejith, Nishad, Sidharth S, and Shefeek, were arrested in connection with the incident.

The bail order was passed by Justice Kauser Edappagath, who observed that while the allegations against the accused are serious, they have been in judicial custody for 67 days without any criminal antecedents. The judge noted that despite being in custody for so long, the police has not recovered the weapon used in the attack, and questioned the necessity of keeping them in jail for such a prolonged period.

The accused had moved the High Court after their bail pleas were dismissed by the District and Sessions Court at Thiruvananthapuram on July 21. The prosecution's case against the accused is based on prima facie material, but the judge seems to have given weightage to the fact that the investigation is almost over and there is no evidence of any previous criminal activity.

The bail order has significant implications for lawyers advising clients in Kerala who may be involved in similar incidents where allegations of attacking ED officials arise. Compliance officers should also note that this development may impact ongoing investigations into the CMRL case, particularly given the involvement of Exalogic, an IT company owned by Vijayan's daughter.

The order highlights the need for a nuanced approach to bail applications, taking into account not only the seriousness of the allegations but also the length of time the accused have been in custody and their previous criminal record. The decision may set a precedent for future cases involving similar allegations.

Lawyers advising clients in Kerala should be aware of the implications of this bail order, particularly for those involved in similar incidents where allegations of attacking ED officials may arise. Compliance officers should also note that this development may impact ongoing investigations into the CMRL case.

Source: Original reporting via The Hindu