Madras High Court: In a bail plea filed by V. Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu in connection with cash-for-job scam, G Jayachandran,J. dismissed the application filed by Senthil Balaji seeking bail on medical grounds and said that his health report does not appear to be a medical condition which could be taken care only if he is released on bail. Further, his past conduct, his present position as Minister without Portfolio and the abscondence of his brother Ashok Kumar, coupled with the attack on the Income Tax Officials, all cumulatively leads to an irresistible conclusion that he can directly and indirectly influence or cause deterrence to witnesses, if released on bail.
Senthil Balaji had contended that he is suffering from a condition which required continuous physiotherapy. He stated that as per the doctors he is suffering from chronic lacunar stroke symptoms.
Background:
A case was registered in the Enforcement Case Information Report by the State against V Senthil Balaji in connection with the cash-for-jobs scam. It was followed by a summons requiring his attendance. A search was conducted by the Authorised Officer invoking Section 17 of the Prevention of Money Laundering Act, 2002 at Senthil Balaji premises on 13-06-2023. Finding that Senthil Balaji was not extending adequate cooperation, the Authority had invoked Section 19 of the PMLA, 2002 by way of an arrest on 14-06-2023. Though grounds of arrest were furnished, Senthil Balaji declined to acknowledge them. Senthil Balaji was taken to the Tamil Nadu Government Multi Super Speciality Hospital, as he complained of chest pain. His wife rushed to the High Court and filed a Habeas Corpus petition on the very same day. In the meanwhile, the State filed an application before the Principal Sessions Judge seeking judicial custody for 15 days. An order of remand was passed sending him to judicial custody till 28-06-2023. Thereafter, Senthil Balaji filed an application for bail which was dismissed. Further, the State filed an application seeking custody for further investigation. and was granted custody for a period of 8 days. In the meanwhile, in the pending Habeas Corpus petition additional grounds were raised questioning the orders of the Principal Sessions Judge granting both judicial and police remand. Further, the State filed an application to exclude the period of hospitalisation for the purpose of counting custody period as no actual custody was taken.
Thereafter, the division bench of J Nisha Banu and Justice Bharatha Chakravarthy, JJ. delivered a split verdict in the habeas corpus plea filed by wife of V Senthil Balaji against his arrest by the ED.
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Thereafter, C.V. Karthikeyan, J. held that ED has the power to seek custody of a person arrested. Further, the Court excluded the time spent by Senthil Balaji in the Hospital from the initial 15 days’ time for grant of custody to ED.
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Thereafter, Senthil Balaji and his wife challenged this judgment in Supreme Court, where the division bench of AS Bopanna and MM Sundresh, JJ. has dismissed the said plea challenging ED custody in the money laundering case and allowed ED to have Senthil Balaji’s custody till 12-08-2023 in connection with the cash-for-jobs scam.
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