The son of Kerala CPI(M) State Secretary Kodiyeri Balakrishnan has been granted bail by the Karnataka High Court.
The Enforcement Directorate (ED) has petitioned the Supreme Court to overturn Bineesh Kodiyeri's bail granted by the Karnataka High Court in October 2021 in a money-laundering case. Bineesh Kodiyeri is the son of CPI(M) Kerala State Secretary Kodiyeri Balakrishnan.
The special leave petition, filed by counsel MK Maroria, claims that the High Court erred in granting bail because the case includes a significant economic crime.
According to the current petition, the broad principles of "bail not jail" could not have applied in this situation.
The case stemmed from a combined investigation by the NCB and the ED into a case involving the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and the Money Laundering Prevention Act (PMLA).
After numerous people were caught by the NCB in Bengaluru for possessing 60 grammes of the psychoactive drug MDMA, the ED arrested one of the accused, Mohammed Anoop, in August 2020.
Anoop allegedly informed the ED that he had been hired as a "benamidar" for one of Bineesh's eateries, that Bineesh was his supervisor, and that he did whatever he was instructed.
Bineesh allegedly informed ED officials during interrogation that he knew Anoop but had just provided him money to build a restaurant.
The ED further stated that their inquiry led to the discovery of several bank accounts, some of which were also in Anoop's name, into which Bineesh allegedly transferred large quantities of money allegedly obtained from illicit activity.
As a result, the ED has stated that more investigation is needed to gather proof that Bineesh is guilty of money laundering under Section 3 of the Prevention of Money Laundering Act (PMLA).
Bineesh was apprehended not long after.
According to the NCB's FIR, which accused a deep-rooted plot and network that included foreigners, a City Sessions Court denied Bineesh bail, citing the leader's high-profile stature and the significant economic infraction involved.
On appeal, a single judge of the Karnataka High Court granted bail with restrictions, including a $5,000 bond and two $5,000 sureties.
The accused had previously filed five bail pleas, all of which were based on identical facts and there had been no change in circumstances, according to the Supreme Court appeal.
Furthermore, the accused had not challenged the trial court's previous judgments denying bail in any forum.
Furthermore, according to the plea, Section 45 of the PMLA deems the offences in this instance non-bailable, which the top court has already affirmed.
The plea added that the review powers of High Courts under Article 226 do not apply to orders of Special PMLA Courts.
Economic offences, it was argued, should be treated differently when it comes to bail because they have an impact on the country's financial condition.
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