ED Officer Arrested By Tamil Nadu DVAC For Allegedly Taking ₹20 Lakh Bribe Moves High Court Seeking Bail

Enforcement Directorate Officer Ankit Tiwari who was arrested by the Tamil Nadu Vigilance and Anti-Corruption Wing for allegedly collecting a Rs 20 lakh bribe from a government doctor by threatening to reopen a case against him, has approached the Madras High Court seeking bail.

Ankit was arrested earlier this month by the Directorate of Vigilance and Anti-Corruption. The DVAC had alleged that Ankit had demanded a sum of 3 crore rupees from one Dr. Suresh Babu as bribe to close the pending case against him and later scaled down the demand to Rs. 51 Lakh.

Out of this, Rs. 20 Lakh was allegedly paid on November 1, 2023, and it was alleged that Tiwari had continued to demand the balance amount from the de-facto complainant Babu, which led to him filing the complaint and Tiwari's subsequent arrest. Following Tiwari's arrest, the DVAC had also conducted searches in the offices of the Enforcement Directorate.

When the bail plea came up for hearing before Justice V Sivagnanam of Madurai bench, the prosecution sought time to respond to the plea and the matter has been now posted to December 19.

In his plea, Tiwari submitted that as per Section 7(a) of the Prevention of Corruption Act 1988, an officer could be prosecuted only if he received gratification other than legal remuneration as a motive or reward for doing or forbearing to do any official act or forbearing from doing something in the exercise of official position to favour someone.

Tiwari claimed that in the present case, no case had been registered or was pending against the de facto complainant Babu, and thus there was no question of closing the case. Thus, Tiwari claimed that the entire exercise of initiating criminal prosecution was tainted with mala fides. 

Tiwari also submitted that the alleged demand for money was a false claim and pointed out that if the demand for a bribe was true, Babu would have preferred the complaint at the same time whereas in the present case, the complaint was lodged after almost a month. Tiwari also submitted that though the police had conducted searches at his house and office premises, no incriminating materials had been seized against him.

Thus, claiming that continued detention in jail amidst convicts and criminals would adversely affect his mental and physical health, Tiwari sought bail.

Case Title: Ankit Tiwari v State

Case No: Crl OP 22586 of 2023