Attack on ED officials: Kerala HC issues notice in plea against bail

Kochi: High court has issued notice to Harish Kumar of Thiruvananthapuram, the ninth accused in the case alleging an attack on Enforcement Directorate (ED) officials during a raid at former CM

Pinarayi Vijayan

’s residence, on petitions filed by the state govt and ED assistant director seeking revocation of the bail granted to him by the sessions court.Despite former district govt pleader and public prosecutor T Geenakumary having been impleaded as a respondent in the state govt’s plea alleging that she had made a false submission, in her capacity as the govt pleader, which facilitated the grant of bail, the bench of Justice C S Dias dispensed with issuing notice to her for the time being. HC orally observed that it would examine only the merits of the sessions court’s order.

It further remarked that if the public prosecutor had made an incorrect submission before sessions court contrary to the state’s instructions, it was for the govt to initiate appropriate proceedings against her. Accordingly, HC posted the petitions to July 13.Kumar was arrested by police on May 28 in connection with the attack on ED officials in Thiruvananthapuram on May 27. The ED raid was conducted in connection with the alleged financial transactions between Cochin Minerals and Rutile Lied (CMRL) and Exalogic Solutions, a defunct company owned by T Veena, daughter of Vijayan.

However, on June 24, the sessions court, Thiruvananthapuram, granted bail to Kumar, observing that the major part of the investigation had apparently been completed.

The court further noted that although the police report stated that the stick allegedly used in the commission of the offence was yet to be recovered, the public prosecutor had submitted that further detention of the accused for that purpose was unnecessary, as the investigation had substantially progressed.Challenging the grant of bail, the state govt contended that the accused had meticulously planned and executed a direct assault on ED officials discharging their duties. The state further submitted that granting bail could adversely affect a fair and effective investigation aimed at unearthing the larger conspiracy behind the crime.Additionally, director general of prosecution T Asaf Ali argued that the submission made by the public prosecutor was false and contrary to the police report. According to the state, of the 300 accused who had allegedly formed an unlawful assembly armed with deadly weapons, hurled abuses at the search team, attacked the officials with the intention to kill, and damaged the official vehicle, causing a loss of Rs 3 lakh, only 25 had been arrested.

Most of the accused were still absconding, and the weapons allegedly used had not yet been fully recovered.