Kerala HC grants bail to 9 CPI(M) workers in ED attack case
Synopsis
Key Takeaways
The Kerala High Court on Monday, 3 August granted conditional bail to nine Communist Party of India (Marxist) (CPI(M)) workers who had been in judicial custody for over 67 days in connection with the alleged attack on Enforcement Directorate (ED) officials during the politically charged Masappadi case investigation. The ruling comes as a significant development in one of Kerala's most closely watched legal battles involving central agency officials.
Who Was Granted Bail
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. The court noted the absence of criminal antecedents among the accused and observed that the investigation was nearly complete. The bail pleas of four other accused in the same case are scheduled to be taken up on Tuesday.
Court's Key Observations
While granting bail, the court made clear that the allegations were serious and could not be justified. Significantly, it also observed orally that the prosecution had prima facie failed to establish the charge of attempt to murder — a finding widely viewed as a setback for the prosecution's case, even as it carries no formal legal binding at this stage.
What Happened on 27 May
The case stems from violence that erupted on 27 May, 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 Masappadi case. According to the prosecution, nearly 300 people surrounded the convoy, blocked official vehicles, and attacked them with stones, bricks, sticks, and iron rods, injuring ED officials, Central Reserve Police Force (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 charge of attempt to murder.
ED's Case Against the Accused
Opposing bail, the ED argued before 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 property. The ED also claimed to possess video evidence indicating coordinated movements and maintained that its probe into the wider conspiracy was still ongoing. It further argued that the gap between the commencement of the search and the attack indicated that sufficient time had been available to mobilise party workers.
What Comes Next
Despite the bail order, investigations into the remaining offences and the alleged larger conspiracy behind the 27 May violence will continue. The court's oral observation on the attempt-to-murder charge may complicate the prosecution's strategy going forward, though it does not amount to a formal ruling on the matter. The hearing on the remaining four accused is expected on Tuesday, and the case is likely to remain a flashpoint in the ongoing political and legal contest between Kerala's ruling establishment and central investigative agencies.