Chennai court denies bail to Tamil Nadu Minister V Senthil Balaji in PMLA case

A sessions court in Chennai on Wednesday rejected the bail application filed by Tamil Nadu Minister V Senthil Balaji following his arrest in a money laundering case earlier this year..Judge S Alli had reserved orders on Balaji's plea last week after the Minister had secured a direction from the Madras High Court asking the principal sessions judge to hear his bail application. .The judge noted that the interim bail application filed by Balaji had been rejected by the Sessions court on June 16 this year on the ground that the twin conditions imposed under Section 45 of the PMLA, one of which require a judge to be convinced that an accused, if let out on bail, will not commit another offence, had not been met.Judge Alli said that he saw no changes in circumstances since June except the fact that ED had completed its investigation..“The court does not find any change in circumstances except the facts of completion of investigation and filing of complaint which are not major grounds for granting bail in the absence of non-compliance of the twin conditions under Section 45 of PMLA, 2002. The petitioner is a member of the Legislative Assembly and a sitting minister of the government of Tamil Nadu. Previously he was holding key portfolios like Transport Corporation, Electricity. 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 Section 45 of the PMLA, 2002, this court does not find reasonable grounds 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 curt is not inclined to grant bail to the petitioner on merits and on medical grounds,” the Court said..Balaji was arrested by the Enforcement Directorate (ED) on June 14 this year following allegations of money laundering. The Minister was remanded in judicial custody on the same day. However, he was admitted to a State-run hospital by the ED after he complained of chest pain and uneasiness following his arrest.He was subsequently shifted to a private hospital where he underwent a bypass surgery. He was then sent to the Chennai Central Prison where he has remained in custody since..The Madras High Court recently advised Tamil Nadu Chief Minister MK Stalin to take a decision on Balaji continuing to be a Minister despite his arrest and subsequent remand to judicial custody."The Chief Minister of the State of Tamil Nadu may be well advised to take a decision about the continuance of V Senthil Balaji (who is in judicial custody) as a Minister without Portfolio, which serves no purpose and which does not augur well with the principles of Constitutional ethos on goodness, good governance and purity in administration," the Court said in a case challenging Balaji’s continuance in the cabinet despite him being in jail under judicial custody..Madras High Court refuses to pass directions to remove V Senthil Balaji as minister but "advises" CM Stalin to decide on his fate.Senior Advocates Kapil Sibal and NR Elango and advocate Mohan Ranganathan appeared for Senthilbalaji.Additional Solicitor General ARL Sundaresan and Special Public Prosecutor N Ramesh appeared for ED..[Read Order]