Kerala HC grants bail to nine accused in attack on ED officials after Vijayan house search

The Kerala High Court granted regular bail to nine accused in the alleged attack on Enforcement Directorate officials after a search at former Chief Minister Pinarayi Vijayan's residence, citing near-complete investigation while imposing strict bail conditions, including damage compensation

Kochi: The Kerala High Court on Monday granted regular bail to nine people accused of attacking ED officials following a search at former Chief Minister Pinarayi Vijayan’s residence in May this year. Justice Kauser Edappagath granted the relief to the accused despite the Enforcement Directorate (ED) claiming that the attack was a “coordinated and organised assault” and not a spontaneous protest.

While granting the relief, the court said that a perusal of the case diary reveals that the accusations against the petitioners were very serious and “it prima facie shows a premeditated criminal act on their part”. “As rightly argued by the Additional Solicitor General for India, it is a case where the ED officials were attacked while they were discharging their duty. However, the Special Public Prosecutor submits that the investigation is almost over and the recovery has been effected.

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“None of the applicants (petitioners) have criminal antecedents involving any serious offences. No serious injuries were sustained by the victims. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail,” Justice Edappagath said.

The court further said that since the loss caused to the vehicles, used by the ED officials in the attack has been assessed at Rs 2.2 lakh, the applicants should be directed to deposit the damages as a condition for granting bail. It said that the nine accused shall be released on bail subject to each of them executing a bond for Rs one lakh with two solvent sureties for the like sum.

Besides that, the other bail conditions include fully cooperating with the probe, appearing before the investigating officer between 10 am and 11 am every Saturday and as and when required, not entering the jurisdictional limits of Cantonment Police Station in Thiruvananthapuram, and depositing Rs 10,000 each before the jurisdictional magistrate court.

The High Court, additionally, also directed them not to commit any similar offence while on bail, not to contact, try to influence or intimidate prosecution witnesses by any means, and not leave the state without permission of the trial court.

The ED, while opposing their bail pleas, had contended that the May 27 attack on its officials cannot be viewed as an ordinary law-and-order incident or a spontaneous public protest, as it happened following the conclusion of a several-hours long search proceedings.

The ED search was linked to financial dealings between Vijayan’s daughter’s firm and a sand mining company, Cochin Minerals and Rutile Ltd (CMRL). Investigating agencies allege that Vijayan’s daughter, T Veena, and her firm, Exalogic Solutions, received money from CMRL, a sand-mining company, between 2017 and 2020 for IT and consultancy services that were allegedly never provided.

Veena and CMRL deny any wrongdoing and maintain that the payments were part of a legitimate commercial arrangement. Following the search, as the ED officials were leaving, a mob had attacked the vehicles carrying them, allegedly causing injuries to one of the drivers, a CRPF officer and a member of the search team.

In its affidavit, filed through advocate Jaishankar V Nair, opposing the bail plea of the accused, the ED had claimed that “the allegations disclose a coordinated and organised assault on the officers of a central investigating agency who had lawfully conducted search proceedings pursuant to statutory powers vested under the Prevention of Money Laundering Act”. The agency had also alleged that it was a “violent, pre-planned, politically coordinated attack” and dangerous weapons were used in the assault.