Kerala High Court Grants Bail to Nine CPI(M) Members
In a significant legal development, the Kerala High Court has approved bail for nine members of the Communist Party of India (Marxist) (CPI(M)) who faced charges related to an alleged assault on Enforcement Directorate (ED) officials. The incident occurred following a search operation at the residence of former Kerala Chief Minister Pinarayi Vijayan. The bail ruling was delivered by Justice Kauser Edappagath on Monday.
While addressing the court, Justice Edappagath acknowledged the gravity of the allegations but noted that the defendants had been in custody for 67 days without any prior criminal records. “Despite the serious nature of the charges, the accused have no criminal antecedents, and the police have yet to recover the weapon used in the attack even after a significant period,” remarked the judge.
The individuals granted bail, Kiran PS, Jeevan, Anil Kumar, Sreejith, Nishad, Sidharth S, Shefeek, Nandhu GR, and Rahul A Rajan, appealed to the High Court after their bail requests were denied by the District and Sessions Court in Thiruvananthapuram on July 21.
Details of the Alleged Incident
According to prosecution reports, the incident transpired on May 27 after ED officials completed a search at the residence of Pinarayi Vijayan, where he resides with his daughter, Veena Thaikkandiyil. The search was linked to the CMRL case, which involves allegations against Exalogic, an IT company owned by Thaikkandiyil. Allegedly, a crowd of approximately 300 individuals attacked the officials’ vehicles with stones, bricks, sticks, and iron rods, resulting in damage.
The Museum Police subsequently filed a case under several provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 109 (attempt to murder) and Section 3(1) of the Prevention of Damage to Public Property Act.
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Defense Arguments
In their defense, one of the accused, Sreejith, argued that he had been in detention for 56 days, including two days in police custody, and that the investigation was largely complete. The defense also highlighted a failure by the police to adhere to Section 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates informing a nominated individual about the arrest. Additionally, the accused claimed they were charged based solely on media-published photographs, without any formal identification process such as a test identification parade.
The defense further contested the application of Section 109 of the BNS, suggesting the charge was inappropriate as no ED officials suffered severe injuries, and it was included to escalate the seriousness of the allegations.
Note: An earlier report mistakenly indicated that bail was granted to seven accused, whereas the correct number is nine. We apologize for the oversight.
