The Madras High Court on Wednesday granted anticipatory bail to Dravida Munnetra Kazhagam (DMK) MLA V. Senthil Balaji and his brother Ashok Kumar in a case alleging that they had $35 crore to Tamilaga Vettri Kazhagam (TVK) legislator to influence his vote on a proposed resolution against the Tamil Nadu Assembly Speaker.
Justice GK Elanthirayan ordered both the petitioners to appear before the investigating officer “twice daily until further orders” and “cooperate with the investigation”.
An FIR was registered against Balaji and Kumar by Chennai Police on June 30 following a complaint filed by TVK MLA N Elaiyaraja.
Ilaiyaraaja claimed that he received a phone call on June 26 from a person who identified himself as Thirunavukkarasu, who claimed to represent a “democratic strategy” organisation, and offered to $35 crore to vote against the TVK whip when deciding against Assembly Speaker JCD Prabhakar in the House.
The caller allegedly threatened the MLA with consequences if he revealed the conversation.
Police arrested three people in the case on July 1. They claimed that the offer was made at the behest of Senthil Balaji and his brother Ashok Kumar.
The two were then referred to the Supreme Court on July 7 to obtain anticipatory bail.
While appearing for the petitioners, senior counsel NR Elango told the court that even as per the prosecution case, “no money was paid and the prosecution limited itself to offering a sum of money.” $35 Crores.”
He also assured the court that the petitioners would cooperate with the investigation and remain available for questioning.
Senior advocate P Kumaresan, who also appeared for the petitioners, said the prosecution’s case was based “solely on the alleged confessions of the arrested accused”.
Reading out of the FIR, he said the complainant later embellished the conversation to portray it as “an attempt to overthrow the TVK government, even though the original allegations did not support such a conclusion.”
He also said that a no-confidence motion could not be moved immediately and therefore, there was no doubt of destabilizing the government. “Only the police are developing the case,” Kumaresan said.
Senior counsel also told the court that Senthil Balaji was added as an accused only later in the investigation and the offenses pleaded were later changed. Referring to the remand application filed before the Sessions Court, he pointed out that the FIR was registered on June 30 and the first accused was arrested at 4 am the next day.
Kumaresan also questioned the prosecution’s theory, arguing that “the KDP had only 59 members in the assembly and lacked the numbers required to overthrow the government.” He asked why anyone would give $35 crore to one MLA in those circumstances.
But Judge Ilanthirian noted that “the complaint is about influencing a decision against the Speaker of the House of Representatives, so why was the defense arguing about overthrowing the government?”
Opposing the plea, government advocate R John Satyan told the court that the investigation had uncovered meetings at hotels in Chennai, where CCTV footage allegedly proves the presence of the accused. He added that some surveillance camera footage has been deleted and efforts are underway to recover it.
The prosecution further claimed that cell phone tower location data placed the accused in the locations where the alleged plot was hatched. The investigation also led police to Bengaluru, where “astonishing discoveries” emerged, Sathyan said, and suggested that hawala money may have been used in the alleged conspiracy.
According to the state, Elaiyaraja was one of the 10 MLAs allegedly identified for poaching. She also claimed that while $35 billion rupees were presented to the legislator, $Rs 5 crore has been allocated for mediation. She stated that the investigation was still in its early stages and that custodial interrogation was still necessary.
In his anticipatory bail petition, Senthil Balaji submitted that his name did not appear in the FIR and that he was later implicated for political motives. He said that there was no material to prove that he contacted the complainant, allowed anyone to approach him, handled any money, issued threats, or participated in any conspiracy.
He also referred to a statement allegedly made by Sports Minister Adhav Arjuna on “settling scores” in connection with the Karur tragedy, claiming that the case was politically motivated and aimed at targeting him ahead of the Karur by-elections.
The petition further alleged that pressure was being put on the arrested accused to implicate him and his brother, and said that any custodial statements cannot constitute a basis for arrest unless they are supported by independent and legally admissible evidence. Balaji also maintained that he was an MLA, not a flight risk, and was willing to comply with any conditions imposed by the court.
After hearing both sides, the High Court granted anticipatory bail, on the condition that the petitioners appear before the investigating officer twice daily until further orders and cooperate with the investigation.
