Madras HC Refuses To Grant Bail To Senthil Balaji Based On His Past Conduct & Position As Minister Without Portfolio Coupled With Attack On IT Officials

The Madras High Court has refused to grant bail to DMK Minister V. Senthil Balaji based on his past conduct, position as a Minister without portfolio, and the abscondence of his brother Ashok Kumar, coupled with the attack on the Income Tax (IT) officials.

The Minister had filed a criminal original petition under Section 437/439 of the Code of Criminal Procedure, 1973 (CrPC) read with Section 45 of the Prevention of Money Laundering Act, 2002, (PMLA) seeking enlargement on bail with regard to the pending trial in the Sessions Court, Chennai. The Sessions Court had earlier dismissed his bail petition.

A Single Bench of Justice G. Jayachandran said, “The health report of the petitioner does not appear to be a medical condition which could be taken care only if he is released on bail. That apart, his past conduct, his present position as Minister without Portfolio and the abscondence of his brother Mr.Ashok Kumar, coupled with the attack on the Income Tax Officials, all cumulatively leads to an irresistible conclusion that, certainly, he will directly and indirectly influence or cause deterrence to witnesses, if released on bail.”

Senior Advocate N.R. Elango represented the petitioner while Additional Solicitor General AR.L. Sundaresan represented the respondent.

Factual Background -

Senthil Balaji was arrested on June 14, 2023 for the alleged offences punishable under Sections 3 and 4 of the PMLA by the Enforcement Directorate (ED). He was remanded to the judicial custody on the same day and the next day he got admitted in a Hospital of Chennai. Thereafter, he was transferred to the Kauvery Hospital where he was diagnosed Coronary Artery Disease – Triple Vessel Disease Acute Coronary Syndrome, Unstable Angina Dyslipidemia. He underwent off pump Coronary Artery graft Bypass Surgery and got discharged from Kauvery Hospital on July 17, this year and was sent back to the prison.

Later, the petitioner was under constant medical supervision in the prison and was consistently reporting numbness in his left leg. Recently, he was taken to Government Stanley Hospital, for medical examination on reference by the Medical Officer at Puzhal Prison, Chennai, with the complaints of Chest discomfort, Head ache and left leg numbness. The team of Doctors medically examined him and gave a case summary on October 9. The Madras High Court, last month, had observed that continuance of V. Senthil Balaji being in judicial custody as a Minister without portfolio will serve no purpose as the same does not augur well with the principles of Constitutional ethos.

The High Court after hearing the contentions of the counsel observed, “The non-cooperation of the co-accused Mr.Ashok Kumar, who is blood brother of the petitioner also justifies the apprehension of Enforcement Directorate that, there is flight risk causing impediment in progress of trial.”

The Court after considering the line of judgments on either side, added that it is not inclined to grant bail to the petitioner.

Accordingly, the High Court dismissed the petition and denied bail to the petitioner.

Cause Title- V. Senthil Balaji v. The Deputy Director, Directorate of Enforcement

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