Kerala HC grants bail to 9 CPI(M) workers in ED attack case

The Kerala High Court on Monday granted conditional bail to nine CPI(M) workers arrested in connection with the alleged attack on Enforcement Directorate (ED) officials during the politically sensitive Masappadi case investigation. The accused had been in judicial custody for over two months. 

Justice Kauser Edappagath allowed the bail applications of Kiran P.S., Jeevan, Anil Kumar, Sreejith, Nishad, Sidarth S., Shefeek, Nandhu G.R. and Rahul A. Rajan, noting that the accused had remained in custody for 67 days, had no criminal antecedents and that the investigation was almost complete.

The Court also indicated that the bail pleas of four other accused would be considered on Tuesday. While granting bail, the Court made it clear that the allegations were serious and could not be justified.

At the same time, it orally observed that the prosecution had prima facie failed to make out the charge of attempt to murder, a finding that is being viewed as a setback for the prosecution's case.

The case relates to violence that erupted on May 27, when ED officials were returning after conducting searches at the residence of Leader of the Opposition Pinarayi Vijayan and his daughter in connection with the controversial Masappadi case.

According to the prosecution, nearly 300 people surrounded the convoy, blocked the vehicles and attacked them with stones, bricks, sticks and iron rods, damaging official vehicles and assaulting ED officials, CRPF personnel and police officers.

The Museum Police registered the case under multiple provisions of the Bharatiya Nyaya Sanhita (BNS) and the Prevention of Damage to Public Property Act, including the offence of attempt to murder.

Opposing bail, the ED told the High Court that the incident was not a spontaneous protest but a well-planned and organised attack aimed at obstructing a lawful investigation and intimidating central agency officials.

In an affidavit filed by V. Sanath Reddy, Assistant Director of the ED's Kochi unit, the agency alleged that the accused had assembled with deadly weapons, blocked official vehicles, raised slogans calling for the killing of ED officers, pelted stones and vandalised government vehicles.

The ED further argued that the long gap between the commencement of the search and the attack clearly showed that sufficient time had been available to mobilise party workers and execute the assault. It also claimed to possess video evidence indicating coordinated movements by the accused and maintained that the probe into the wider conspiracy behind the incident was still underway.

Taking note of the prolonged custody, the near completion of the investigation and the absence of criminal antecedents, the High Court granted bail subject to conditions.

While the court's observations on the attempt-to-murder charge may weaken a significant aspect of the prosecution's case, investigations into the remaining offences and the alleged larger conspiracy will continue.