Madras High Court Denies Bail To Arrested ED Officer Ankit Tiwari, Cites Apex Court's Stay On Investigation

In February this year, a Special Court dismissed Tiwari's second bail petition noting that Tiwari was not eligible for statutory bail under Section 167(2) CrPC as the Supreme Court had stayed the investigation in the case on the 55^th day because of which the investigating authorities could not complete the investigation and file the chargesheet. Tiwari had then approached Madras High Court's Madurai bench to review this order.

Justice Dhandapani, while dismissing Tiwari's revision petition, observed that the court was bound to follow the ratio laid down by the Apex court and that its hands were tied from deciding the case on merits due to the reason that there was an interim stay by the Apex Court.

The court further observed that though the Supreme Court had permitted the High Court to consider the matter on merits, Tiwari would have been eligible for statutory bail only if the investigating agency had not filed the chargesheet within the stipulated time frame. In the present case, the court noted that the investigating agency was ready with the chargesheet on the 55^th day itself but its hands were tied due to the order of the Supreme Court. Thus, the court granted liberty to the parties to approach the Apex Court to clarify the order.

The court also noted that since there was a blanket order of interim stay by the Apex Court, any other interpretation of the order would not only disrespect the court but also amount to contempt.

“With great respect, it is to be stressed that when a blanket order of interim stay has been granted by the Apex Court, interpreting the order in any other way than the one in which it is couched would be not only an act of disrespect to the Supreme Court, but would also be a contemptuous act to which this Court should not be a party,” the court observed.

The court added that though the personal liberty of the officer was of paramount importance, the order of the Supreme Court also had to be followed which put the High Court in a catch-22 situation. The court further observed that granting bail to the officer would prejudice the rights of the investigating agency which was prevented from filing the charge sheet and which gave rise to the situation of default bail.

Counsel for the Petitioner: Mr.G.Karuppsamy Pandian

Counsel for the Respondent: Mr. A.Thiruvadi Kumar, APP

Citation: 2024 LiveLaw (Mad) 114

Case Title: Ankit Tiwari v The State

Case No: CRL. R.C. (MD) NO.178 OF 2024

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