ED moves Kerala HC against CPM worker’s bail in attack on its officials during raid at Pinarayi Vijayan’s house

In an unusual move, the Enforcement Directorate (ED) has approached the Kerala High Court challenging the Thiruvananthapuram Sessions Court’s order granting bail to SFI leader Harish Kumar, the ninth accused in the case relating to the attack on ED officials following a raid at former Chief Minister Pinarayi Vijayan’s rented residence in Thiruvananthapuram.

In its appeal seeking cancellation of the bail granted to Harish Kumar, the ED alleged that the Public Prosecutor, T. Geena Kumari, misled the Sessions Court by stating that the investigation was nearly complete and that custodial interrogation was no longer required, contrary to the assessment of the investigating police.

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The investigating team from the Museum Police Station had submitted a detailed report on June 18 outlining 13 specific grounds for opposing bail, including the non-recovery of the weapons allegedly used in the attack. However, the ED alleged that the prosecutor withheld the report and chose not to oppose the bail plea. Earlier, lower courts had consistently rejected the bail applications of more than 25 arrested CPM, DYFI and SFI activists, treating the mob attack as a serious offence against the State.

The ED further alleged in its appeal that the public prosecutor colluded with the defence and deliberately refrained from opposing the bail application, prompting the agency to intervene directly. It also alleged that the prosecutor, who was appointed during the LDF government’s tenure, intentionally suppressed the statement of facts submitted by the police, thereby enabling Harish Kumar to secure bail.

The agency contended that the Sessions Court’s decision to grant bail to an accused charged with attacking ED officials and creating an atmosphere of terror was against the public interest. It further argued that the attack was part of a larger conspiracy and that the grant of bail could adversely affect the investigation and hinder the arrest of other alleged conspirators.

The Thiruvananthapuram Principal Sessions Court granted bail to Harish Kumar on Friday after the prosecution informed the court that the investigation was largely complete, a position that, according to the ED, directly contradicted the police’s own report. Subsequently, local police lodged a complaint with the State Police Chief against the public prosecutor for allegedly disregarding the investigating team’s recommendations.

According to the prosecution, Harish Kumar, along with around 300 identifiable persons, formed an unlawful assembly armed with deadly weapons and gathered outside former Chief Minister Pinarayi Vijayan’s residence on May 27 while the ED was conducting a search in connection with a money laundering probe involving CMRL and allegations linked to Vijayan’s daughter, Veena Vijayan.

The prosecution alleged that the mob, comprising CPM, DYFI and SFI workers, attacked ED officials and CRPF personnel with stones, bricks and iron rods while they were leaving the premises after the search operation.

Police have invoked stringent provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 109 (attempt to murder), along with charges of rioting and offences under the Prevention of Damage to Public Property Act, against the accused.