Besides Kanimozhi, bail was also granted to Kalaignar TV Managing Director Sharad Kumar, Cineyug Films’ Karim Morani, and Kusegaon Fruits and Vegetables Pvt Ltd directors Asif Balwa and Rajeev B Agarwal. However, former Telecom Secretary Siddharth Behura was not so lucky. The court reserved the order on his bail plea.
“I allow bail application of all five accused persons. However, they are being directed to be released on bail on furnishing a personal bond in sum of Rs 5 lakh each with two surety for the like amount to the satisfaction of the special court,” said Justice V K Shali, while granting the bail. He added conditions set by the Supreme Court while granting bail to five other co-accused last week would also apply in the case of Kanimozhi and others.
“If the accused persons, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case so as to dissuade him to disclose facts, the CBI have liberty of make appropriate recalling of the order passed by this court,” said Justice Shali and directed all five to surrender their passports.
Kanimozhi and Sharad Kumar, both share holders in Kalaignar TV, were arrested on May 20, followed by Karim Morani on May 30. According to CBI, Cineyug Films and Kusegaon Fruits and Vegetables were used as a conduit companies DB Realty owned by Shahid Usman Balwa to pass on Rs 194 crore to Kalaignar TV, as gratification by Balwa for getting the 2G Spectrum licence in conspiracy with prime accused former Union telecom minister A Raja.
Behura, Kanimozhi and four others had moved the court on November 23 for early hearing of their bail applications, after the apex court granted bail to five other co-accused in the case — Sanjay Chandra of Unitech Wireless, Vinod Goenka of Swan Telecom and Reliance Group's Gautam Doshi, Surendra Pipara and Hari Nair.
“Most of the evidence against the petitioner is documentary evidence and there is in my view be no prima facie evident or likelihood, which may persuade the court to doubt that the petitioner have reason to believe that they create condition which may not be conducive to hold free and fair trial,” said the judge.
While the CBI did not oppose the bail plea of Kanimozhi and four others, it vehemently objected granting of bail to Behura on the grounds that he, along with Raja and his former private secretary R K Chandolia, was involved in the conspiracy for grant of telecom licences.
