ED moves Supreme Court against bail granted to Kerala CPI(M) leader's son Bineesh Kodiyeri

The Enforcement Directorate (ED) has moved the Supreme Court challenging the bail granted by the Karnataka High Court in October 2021 to Bineesh Kodiyeri, son of CPI(M) Kerala State Secretary Kodiyeri Balakrishnan in a money-laundering case..The special leave petition, filed through advocate MK Maroria, has contended that the High Court erred in entertaining the bail plea as the case involves a serious economic offence.The general principles of 'bail not jail' could not have applied in the case, the present petition said..The case arose out of a joint investigation by the Narcotics Control Bureau (NCB) and the ED in a case involving the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and the Prevention of Money Laundering Act (PMLA).In August 2020, after several persons were arrested by the NCB in Bengaluru for possession of 60 grams of psychoactive drug MDMA, one of the accused, Mohammed Anoop, was arrested by the ED.Allegedly, Anoop subsequently told the ED that he had been made a "benamidar" for one of Bineesh's restaurants and that Bineesh was his boss and that he did whatever was asked of him.During interrogation, Bineesh apparently told ED officials that he did know Anoop but had only lent him money to open up a restaurant.The ED also claimed that their investigation led to several bank accounts, some under Anoop's name as well, into which Bineesh had purportedly transferred huge sums of money that were proceeds of criminal activities.Therefore, the ED had argued that further investigation is necessary to collect evidence to establish that Bineesh is guilty of the offence of money laundering under Section 3 of the Prevention of Money Laundering Act (PMLA).Soon thereafter, Bineesh was arrested. A City Sessions Court had refused bail to Bineesh citing the leader's high-profile nature and the serious economic offence involved as per the NCB's FIR that alleged a deep-rooted conspiracy and network consisting of foreigners too. On appeal, a single-judge of the Karnataka High Court had granted bail subject to conditions and ₹5,00,000 bond and two sureties of the same amount.The appeal before the Supreme Court pointed out that there were 5 bail pleas previously preferred by the accused in total and all were on the same facts and there has been no change in circumstances. Besides, the accused had not challenged before any forum, the previous orders of rejection of bail by the trial court. Further, Section 45 of the PMLA makes the offences involved in this case non-bailable, something which the top court has already affirmed, the plea submitted. .The powers of High Courts to review under Article 226 is not applicable for orders of Special PMLA Courts, the plea added.Economic offences need to be viewed differently towards bail as they affect the financial health of the country, it was contended..Recently, Bineesh, who is also a lawyer, had started a law firm in Kochi along with two other advocates.