ED accuses prosecutor of misrepresentation in bail case, High Court refuses notice

The Enforcement Directorate (ED) on Friday informed the Kerala High Court that misrepresentation of facts by the then Public Prosecutor, T. Geena Kumari, led to the release of an accused on bail in the case of an attack on ED officials in Thiruvananthapuram.

The ED was challenging the bail granted to Harish Kumar, the ninth accused, who was arrested along with others after a violent protest against ED officials who had raided the residence of former Chief Minister Pinarayi Vijayan and his daughter T. Veena last month. The agency argued that the submissions made by Kumari were inconsistent with the nature of the allegations against the accused.

The trial court had placed considerable weight on Kumari's submission that further custodial detention of the accused was not necessary. The ED argued that this stance raised doubts about whether the investigating officer's assessment was properly presented to the court. Jaishankar V. Nair, representing the ED, contended that the prosecution ought to have exercised utmost vigilance, especially with the investigation still ongoing and material recoveries pending. He said the grant of bail was premature and could frustrate the investigation.

However, the High Court orally observed that prosecutors are appointed to assist the court, and it is the court's prerogative to decide whether to agree with their submissions. The court refused to issue notice to Kumari.

Kumari, who was appointed during the previous Left Democratic Front (LDF) government, was removed from her post by the state government following the controversy. The newly appointed Public Prosecutor later impleaded Kumari in the bail application, alleging that her mishandling of prosecution affairs led to the bail.

In a related development, 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 Tania Mariam Jose turned down the bail pleas of Anilkumar, Vijay S.L., and Nishad (the seventh, 21st, and 24th accused), observing that their release at this stage would disrupt public peace and dilute the gravity of the crime.