Money laundering case: High Court denies bail to Senthil Balaji

Justice G Jayachandran dismissed Balaji’s bail petition and agreed with the ED’s contention that there was every possibility of the DMK leader, who is a Minister without a portfolio in Chief Minister M K Stalin’s cabinet, attempting to tamper with evidence and influence the witnesses if granted bail.

Madras High Court on Thursday dismissed the bail petition of Tamil Nadu Minister V Senthil Balaji, who is in jail since June following his arrest by the Enforcement Directorate (ED) in a money laundering case, by concluding that he will “directly and indirectly” influence or “cause deterrence” to witnesses if released on bail.

Justice G Jayachandran, in his 13-page order, said the health report of Senthil Balaji, who underwent a coronary by-pass surgery after his arrest and sought bail on medical grounds, does not appear to be a medical condition which could be taken care only if he is released on bail.

The judge also cited Senthil Balaji’s past conduct, attack on Income Tax officials by his supporters during raids on premises linked to him, his brother Ashok Kumar still being at large, and his continuance as Minister without portfolio in Chief Minister M K Stalin’s cabinet as reasons for his decision to deny bail.

“…all cumulatively leads to an irresistible conclusion that, certainly, he will directly and indirectly influence or cause deterrence to witnesses, if released on bail,” Justice Jayachandran said in his order.

Justice Jayachandran agreed with the contention of Additional Solicitor General AR. L Sundaresan, who appeared on behalf of the ED, that the depth of influence that Balaji wields in the government is clear from the fact that he has been retained in the cabinet as a minister without portfolio despite being jailed in the money laundering case.

The ASG also argued that since Ashok, one of the prime suspects in this case, is absconding, the possibility of flight risk, influencing witnesses and tampering with evidence cannot be ruled out. The ED also argued that doctors of the Government Stanley Hospital didn’t report any “alarming health issue” that will endanger his life after examining him last week.

“The non-cooperation of the co-accused Ashok Kumar, who is blood brother of the petitioner, also justifies the apprehension of ED that there is flight risk causing impediment in progress of trial. For the above reasons, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed,” the order added.

N R Elango, who represented Balaji, argued that the Minister filed the prayer for bail on the ground of sickness and not on merits. Balaji was arrested by the ED on June 14 in a cash-for-job scam during his 2011-2015 tenure as Transport Minister in the then AIADMK cabinet led by J Jayalalithaa.

However, Balaji complained of chest pain following which he was admitted to the Government Omandurar Hospital here. Days later, the minister underwent a by-pass heart surgery at a private hospital on the permission of the High Court and was shifted to Puzhal Central prison after recovery.

Balaji’s arrest by the ED also led to a major political controversy in Tamil Nadu with Governor R N Ravi “dismissing” him from the Council of Ministers, only to put on abeyance his decision within a few hours.

The Governor’s action came after Stalin refused to drop Balaji from the cabinet, arguing mere registration of a case doesn’t make anyone guilty. Stalin, while “disregarding” the communication from the Governor, said only the CM has the right to induct or dismiss a minister.