Sessions court denies bail for minister V Senthilbalaji
Principal sessions judge S Alli, wrote that as there is no change of circumstance for granting bail, since Senthilbalaji's earlier bail plea denied. Hence, the judge dismissed Senthilbalaji's bail plea.
Senthil Balaji
CHENNAI: The principal sessions court dismissed the third bail petition of minister V Senthilbalaji, since he was arrested under the Prevention of Money Laundering Act (PMLA) case.
Principal sessions judge S Alli, wrote that as there is no change of circumstance for granting bail, since Senthilbalaji's earlier bail plea denied. Hence, the judge dismissed Senthilbalaji's bail plea.
Considered the gravity of the crime, character of the evidence, status of the accused, likelihood of the accused fleeing from justice and repeating the offence, possibility of tampering of witnesses this court cannot come to a conclusion that the Senthilbalaji has satisfied either the twin conditions as per Section 45 of PMLA, or the triple test as required under 439 of Cr.P.C, wrote the judge.
Further, the judge wrote that it is to be mentioned that one of the accused AshokKumar, brother of the petitioner is still absconding and not cooperating for investigation. Hence, the judge dismissed the bail plea of Senthilbalaji.
The judge also negativated the contention of Senthilbalaji that the Enforcement Directorate (ED) tampered the digital evidence and declaration of source income document.
Senior counsel Aryama Sundaram appeared for Senthilbalaji contended that the investigation was over and the case is based on documents and there is no possibility of tampering or influencing the witnesses.
Senthilbalaji is in custody for the past 207 days and continued incarceration will amount to a pretrial punishment, submitted the counsel.
However, judge negatived the submission as long period of incarceration is not a criteria for granting of bail in as much as the accused faces a case under the provisions of PMLA.
Senthilbalaji has satisfied the twin conditions stipulated in PMLA, said the counsel and sought for bail.
However, the Additional Solicitor General (ASG) ARL Sundaresan for ED vehemently objected the Senthilbalaji's submission.
The grant of bail, in an offence under PMLA, not only the requirements in section 45 of PMLA are to be satisfied, but also, the requirements under 439 of Cr.P.C, also have to be satisfied, the ASG submitted.
As such, the court has to consider the status and conduct of the petitioner, the manner in which the he has attempted to derail the procedures, Further Senthilbalaji is an influential person as he still holds ministership without portfolio, hence he may tamper the witnesses and evidence if granted bail.
