The Supreme Court on Monday granted bail to former Tamil Nadu minister V Senthil Balaji in connection with his June 2023 arrest in a money-laundering case [V Senthil Balaji v. Deputy Director, Directorate of Enforcement]..A Bench of Justices Abhay S Oka and Augustine George Masih highlighted the delay in trial of the case to grant relief to Balaji. "We have granted bail with some onerous conditions put in," the Court stated while pronouncing the operative part of the verdict.Interestingly, the Court said that it is very difficult to hold that there is no prima facie case against Balaji.But despite the same, the Court proceeded to grant relief to the Dravida Munnetra Kazhagam (DMK) leader on the ground that there is no possibility of the trial commencing and concluding in the near future.It added that even in offences for which bail is tough under law, inordinate delay in trial is a ground to be set the accused at liberty."The expeditious disposal of the trial is also warranted considering the higher threshold set for the grant of bail. Hence, the requirement of expeditious disposal of cases must be read into these statutes. Inordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together," the Court said. .Hence, Balaji was directed to be released subject to a bail bond of ₹25 lakh along with two sureties of the like amount.He is not to contact or communicate with witnesses and has to mark his attendance at the Chennai ED office every Monday afternoon as well as once a month before the investigation officer.The Court also ordered him to surrender his passport and cooperate with the trial without seeking adjournments..Balaji approached the top court for bail after the Madras High Court dismissed his bail application on February 28. The Dravida Munnetra Kazhagam (DMK) leader was arrested by the ED in the money laundering case on June 14, 2023.The case against him stems from alleged irregularities in the appointment of bus conductors in the Tamil Nadu transport department, as well as the appointment of drivers and junior engineers.The charges are from the time of his tenure as transport minister for the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.His bail application was rejected by a sessions court in Chennai on three previous occasions. His medical bail plea too was rejected by the High Court in October last year, which was upheld by the top court..During the hearings, the Bench had grilled the Enforcement Directorate (ED) on whether the trial against Balaji is likely to begin soon.Senior Advocates Mukul Rohatgi and Sidharth Luthra appeared for Balaji. Solicitor General (SG) Tushar Mehta and special counsel Zoheb Hossain represented ED..[Read Judgment]
The Supreme Court on Monday granted bail to former Tamil Nadu minister V Senthil Balaji in connection with his June 2023 arrest in a money-laundering case [V Senthil Balaji v. Deputy Director, Directorate of Enforcement]..A Bench of Justices Abhay S Oka and Augustine George Masih highlighted the delay in trial of the case to grant relief to Balaji. "We have granted bail with some onerous conditions put in," the Court stated while pronouncing the operative part of the verdict.Interestingly, the Court said that it is very difficult to hold that there is no prima facie case against Balaji.But despite the same, the Court proceeded to grant relief to the Dravida Munnetra Kazhagam (DMK) leader on the ground that there is no possibility of the trial commencing and concluding in the near future.It added that even in offences for which bail is tough under law, inordinate delay in trial is a ground to be set the accused at liberty."The expeditious disposal of the trial is also warranted considering the higher threshold set for the grant of bail. Hence, the requirement of expeditious disposal of cases must be read into these statutes. Inordinate delay in the conclusion of the trial and the higher threshold for the grant of bail cannot go together," the Court said. .Hence, Balaji was directed to be released subject to a bail bond of ₹25 lakh along with two sureties of the like amount.He is not to contact or communicate with witnesses and has to mark his attendance at the Chennai ED office every Monday afternoon as well as once a month before the investigation officer.The Court also ordered him to surrender his passport and cooperate with the trial without seeking adjournments..Balaji approached the top court for bail after the Madras High Court dismissed his bail application on February 28. The Dravida Munnetra Kazhagam (DMK) leader was arrested by the ED in the money laundering case on June 14, 2023.The case against him stems from alleged irregularities in the appointment of bus conductors in the Tamil Nadu transport department, as well as the appointment of drivers and junior engineers.The charges are from the time of his tenure as transport minister for the All India Anna Dravida Munnetra Kazhagam (AIADMK) government from 2011 to 2015.His bail application was rejected by a sessions court in Chennai on three previous occasions. His medical bail plea too was rejected by the High Court in October last year, which was upheld by the top court..During the hearings, the Bench had grilled the Enforcement Directorate (ED) on whether the trial against Balaji is likely to begin soon.Senior Advocates Mukul Rohatgi and Sidharth Luthra appeared for Balaji. Solicitor General (SG) Tushar Mehta and special counsel Zoheb Hossain represented ED..[Read Judgment]