Kerala HC Grants Bail to 9 CPI(M) Workers Accused of Attacking ED Officials

Hearing the bail petitions, Justice Kauser Edappagath observed that while the allegations against the accused are serious and cannot be justified, continued detention was unnecessary given the progress of the investigation and their lack of prior criminal records.

Highlighting the delay in police proceedings, Justice Edappagath noted that, "Even after 67 days, the police have not recovered the weapon used for the attack. I understand there is prima facie material; the allegation is very serious and cannot be justified, and the act has to be condemned. But still, they have been in custody for the last 67 days, the investigation is almost over, and nobody has any criminal antecedents."

The central agency strongly opposed the bail pleas, arguing that the attack was a pre-planned conspiracy to intimidate officers and disrupt an ongoing probe, stating, "The attack was not a result of sudden provocation; it was a planned act to deter officials from performing their duty."

Conversely, the defence counsel argued that the arrests failed to follow proper procedures and that Section 109 of the Bharatiya Nyaya Sanhita (BNS) for attempt to murder was improperly applied based merely on media footage without adequate physical evidence.

The case stems from an incident on May 27, when the convoy of ED officials concluded an 8-hour search at Pinarayi Vijayan's residence in connection with the CMRL-Exalogic investigation involving his daughter, Veena Thaikkandiyil.

As the convoy was leaving, a mob allegedly surrounded the vehicles and attacked them with stones, bricks, and rods, damaging the vehicles and injuring officers alongside accompanying security personnel.

The petitioners--including Kiran PS, Jeevan, Anil Kumar, Sreejith, Nishad, Sidharth S, Shefeek, Nandhu GR, and Rahul A Rajan--moved the High Court after their bail applications were previously turned down twice by the Thiruvananthapuram District and Sessions Court.