Supreme Court Dismisses ED's Challenge To Bail Of Former CPI(M) Kerala Secretary's Son Bineesh Kodiyeri

The Supreme Court on Friday (January 2)  dismissed the Enforcement Directorate's plea challenging bail granted by the Karnataka High Court to Bineesh Kodiyeri, actor and son of former Kerala State Secretary of Communist Party of India (Marxist), in a money laundering case.

While refusing to entertain the agency's plea, the Bench of Justices BR Gavai and Sandeep Mehta noted that there was no allegation against Bineesh that he had misused the relief of bail. Although, it was clarified that the impugned order of the Karnataka High Court shall not be treated as a precedent in any other case.

Bineesh was granted bail by the Karnataka High Court in October 2021.

To recap, Bineesh was arrested by the ED on October 29, 2020 on allegations that he was involved in financing of an illegal drug trade. His arrest came following the nabbing of one Mohammed Anoop, who claimed that he was involved in the sale/purchase of narcotics and was a close associate of Bineesh. Reportedly, in investigation by the ED and NCB, it was discovered that Bineesh had transferred more than Rs. 50 lacs to Anoop's bank accounts.

Bineesh's defense has been that he only loaned money to Anoop, without any knowledge of the latter's illegal activities, and that he has not been accused of the predicate offense. On the other hand, ED has maintained that Prevention of Money Laundering Act not only punishes those who are accused in the predicate offense, but also those who aid and assist in generation of "proceeds of crime". As such, the case against Bineesh is maintainable.

In August last year, the Karnataka High Court stayed the agency's money laundering case against Bineesh, when it was highlighted that he was not charged in the predicate offence under NDPS Act.

CASE TITLE: DIRECTORATE OF ENFORCEMENT VERSUS BINEESH KODIYERI, SLP(Crl) No. 3155/2022