Misrepresentation of facts by prosecutor led to bail for accused in officials’ assault case: ED

The misrepresentation of facts in the case of recent attack on officials of the Directorate of Enforcement (ED) in Thiruvananthapuram before a trial court by T. Geena Kumari, the then Public Prosecutor, led to the release of an accused on bail, the Enforcement Directorate told the High Court on Friday.

But the court orally observed that prosecutors were appointed to assist the court, and it was up to the court to decide whether to agree with their submissions. The High Court refused to issue notice to Ms. Geena Kumari.

Challenging the bail order granted to ninth accused Harish Kumar, who was picked up with others following a violent protest against the officers who raided the house of former Chief Minister Pinarayi Vijayan and his daughter, T. Veena, last month, the agency contended that her submissions appeared wholly incongruous with the nature of the allegations against the accused.

On its part, the trial court placed considerable weight on the submission of the Public Prosecutor that further custodial detention of the accused was not necessary. The stance of the Public Prosecutor raised serious doubts whether the actual investigative requirements and assessment of the investigating officer in the case were adequately placed before the court, argued Jaishankar V. Nair, who represented the agency.

Incidentally, the State government had removed Ms. Geena Kumari, who was appointed during the term of the previous LDF government, from the post following the controversy.

The investigating agency and the prosecution ought to have exercised utmost vigilance, with the investigation still in progress, perpetrators yet to be identified, and material recoveries remaining outstanding, as the grant of bail at this stage is wholly premature and likely to frustrate the effective completion of the investigation, he argued.

Meanwhile, the newly appointed Public Prosecutor had impleaded Ms. Geena Kumari in the bail application of the accused before the trial court, alleging that the bail was granted due to her mishandling of the prosecution affairs.

Bail plea dismissed

The Thiruvananthapuram Judicial First Class Magistrate – III Court on Monday dismissed the bail applications of three CPI(M) workers accused of attacking ED officials during the raid.

Judicial First Class Magistrate – III Tania Mariam Jose turned down the bail pleas of Anilkumar, Vijay S.L. and Nishad, the seventh, 21st, and 24th accused in the case. The court observed that their release at the present stage would disrupt public peace and dilute the gravity of the crime.

(With inputs from Thiruvananthapuram Bureau)