Kerala HC Upholds Bail in ED Attack Case, Adds ₹10,000 Deposit Condition
The Kerala High Court has refused to interfere with the bail granted to Harish Kumar, the ninth accused in the alleged attack on Enforcement Directorate (ED) officials during a raid at the residence of Leader of the Opposition Pinarayi Vijayan in Thiruvananthapuram. The court, however, modified his bail conditions to include a deposit of ₹10,000, aligning them with conditions imposed on other accused in the case.
Kumar was granted bail by the Sessions Court, Thiruvananthapuram, in June. Subsequently, the same court allowed bail applications of 17 other accused, imposing uniform conditions: execution of a bond of ₹1 lakh each, with two solvent sureties for an equivalent sum, and a deposit of ₹10,000 before the jurisdictional Magistrate Court.
Justice C.S. Dias, hearing the petition challenging the Sessions Court's order, observed that the condition to deposit ₹10,000 had not been imposed in Kumar's bail. The High Court modified his bail conditions to include this requirement, while upholding the essence of the bail order. The modification ensures consistency in the treatment of all accused in the case.
The case stems from an incident on an unspecified date, when a large crowd allegedly attacked ED officials and damaged official vehicles during a raid at Vijayan's residence. The ED was conducting a search as part of an investigation. Charges under the Bharatiya Nyaya Sanhita, 2023 and the Prevention of Damage to Public Property Act, 1984 were laid against approximately 300 individuals. Of these, 25 have been apprehended so far.
The High Court's decision underscores the principle that bail is the rule and jail is the exception, while also ensuring that conditions are applied fairly. The matter is likely to remain under judicial scrutiny as the investigation progresses. The ED raid and subsequent events have drawn political attention, but the court's ruling remains grounded in legal considerations, without commenting on the merits of the underlying allegations.
