E-Paper
Chennai court rejects Senthil Balaji’s bail plea in PMLA case
Principal sessions court judge S Alli considered three factors to reject the bail – flight risk, influencing the witnesses and tampering of evidence
Chennai: In a further setback to the arrested Tamil Nadu minister V Senthil Balaji, a sessions court in Chennai on Wednesday rejected his bail plea, following his arrest in a money laundering case earlier this year.
The court noted that there were no reasonable grounds to believe that he is not guilty, that he would not commit any offence if he is out of prison and that his sickness cannot be treated in jail for providing him with bail.
Principal sessions court judge S Alli while hearing the plea considered three factors to reject the bail – flight risk, influencing the witnesses and tampering of evidence.
The Enforcement Directorate (ED) had arrested Balaji on June 14 under Prevention of Money Laundering Act (PMLA) in a case dating back to 2014, when he was the transport minister under the All India Anna Dravida Munnetra Kazhagam (AIADMK) government.
The minister was hospitalised since his arrest and underwent a heart surgery at a private hospital, before being shifted to the Central Puzhal Prison. Dravida Munnetra Kazhagam (DMK) has backed him and Chief minister M K Stalin has retained Balaji in the cabinet where he continues as a minister without a portfolio.
Senior counsels Kapil Sibal and N R Elango appearing for Balaji had sought bail for Balaji on the grounds of his medical condition and that he would not tamper the evidence.
The court said that the minister has not established that the “sickness suffered by him is so grave” and “life-threatening” that it cannot be treated at the prison hospital. A medical officer submitted to the court that he is receiving regular medication in prison and he does not require immediate medical attention and post-operative care. These facts do not satisfy provisions of Section 45(1) of PMLA to receive bail, the court noted as one of the reasons to denying him bail.
The court also dismissed the petitioner’s argument, that the Income Tax returns submitted by him is proof of his legitimate incomes and the charges against him are speculative, stating that a “mini trial” cannot happen during the bail stage.
The additional Solicitor General, ARL Sundaresan representing the Enforcement Directorate (ED) contended on the possibility of Balaji influencing witnesses and tampering evidence, given he is a sitting minister and an influential politician.
In the DMK cabinet, Balaji was minister for electricity, prohibition and excise duty. “Considering the gravity of offence, overwhelming materials against the petitioner” and with him not satisfying two conditions for bail under section 45 of the Act, “ this court does not find reasonable grounds for believing that the petitioner is not guilty of the offence or that he is not likely to commit any offence while on bail and taking overall view of the matter, the court is not inclined to grant bail to the petitioner on merits and also on medical grounds,” justice Alli said.
