Allegations disclose a definite role played by the minister, says court

Allegations disclose a definite role played by the minister, says court

Allegations disclose a definite role played by the minister, says court

A Chennai court on Wednesday denied bail to Tamil Nadu minister Senthil Balaji who was arrested by the Enforcement Directorate (ED) in June 2023 on charges of money laundering in a cash-for-job scam case. Principal Sessions Court Judge S. Alli noted that the allegations against Balaji are “categorical and disclose that he has a definite role in the commission of offence charged against him”.

Stating that “grave” allegations have been raised against Balaji, the court said that the ED had produced 77 documents running to 2,853 pages. 

“On perusal of the complaint filed by the complainant, the statement of witnesses and the accused recorded u/s 50 of PMLA and also the documents collected during investigation, it reveals that serious and grave allegations have been raised against the petitioner. The said allegations are categorical and specific and it discloses the fact that the petitioner has a definite role in the commission of offence, charged against him. As claimed by the Senior Counsels for the petitioner, the allegations against the petitioner are not without substance, since the complainant has examined as many as 20 witnesses, apart from the Investigating Officer and have produced 77 documents, runs to 2853 pages, filed along with the complaint. Through the bank statements of the petitioner / accused, cash deposits totally for Rs.1.34 crores has been identified as proceeds of crime during the period of financial year 2013-2014 to 2021-2022 and his wife S. Megala has received cash deposits of Rs 29.55 lakhs during the period of F.Y. 2014 - 2015 to F.Y. 2019 - 2020,” Judge Alli said in the order.

“The petitioner is a Member of the Legislative Assembly and a sitting Minister of Government of Tamil Nadu and previously he was holding the key portfolios, like Transport Corporation, Electricity Board and Excise Policy etc. Considering the gravity of offence, overwhelming materials against the petitioner, the status of the petitioner and the fact that the petitioner has not satisfied the twin conditions of Sec.45 of the PMLA, 2002, 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,” judge Alli said in a 29-page order after hearing the bail application filed by Balaji and the oppositions to granting bail raised by the ED.

Stating that the earlier bail petition filed by Balaji on June 14, 2023 was dismissed, Judge Alli noted that she did not find any change of circumstance “except the facts of completion of investigation and filing of complaint, which are not the major grounds for granting bail in the absence the no-compliance of twin conditions u/s 45 of the PMLA, 2002 for an offence u/s 3 punishable u/s 4 of the PMLA, 2002.”

The court also said that Balaji has failed to fulfil the twin conditions under Section 45 of the Prevention of Money Laundering Act, for grant of bail.