Madras High Court Refuses Bail To Tamil Nadu Minister Senthil Balaji On Medical Grounds

Justice G Jayachandran dismissed the application made by the Minister seeking bail on Medical grounds. The court observed that Balaji's medical condition was not one that could be taken care of only if he was released on bail.

The court also added that Balaji's present position as a Minister without portfolio, abscondance, and non-cooperation by his brother and co-accused Ashok Kumar and the attacks on the income tax officials during the time of the raid would all lead to a conclusion that he could directly or indirectly influence the witnesses.

"The health report of the petitioner (Balaji) 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," the court observed

In September this year, the District Sessions Court in Chennai had denied bail to the Minister and noted that the allegations against Balaji are "categorical" and disclose that he has a "definite role" in the commission of offence charged against him. The Sessions Court had also observed that Balaji had failed to fulfil the twin conditions under Section 45 of the Prevention of Money Laundering Act, for grant of bail.

The Minister, who had also undergone a by-pass surgery during his judicial custody contended that he was presently suffering from a condition which required continuous physiotherapy. He added that he had been examined by the doctors who confirmed that he was suffering from chronic lacunar stroke symptoms. It was also submitted that ever since the surgery, Balaji was having persistent numbness and this condition was only progressing by day.

On the other hand, Additional Solicitor General ARL Sundaresan opposed the bail plea by submitting that though Section 437 CrPC includes a proviso with respect to sickness and infirmity, sickness had to be understood to mean a condition which requires immediate medical attention and which cannot be treated in the prison hospital or in a hospital under the supervision of the authorities. He added that the medical documents only say that Balaji requires conservation medical management, but does not say that such management cannot be obtained in the prison hospital.

Sundaresan also submitted that Balaji, being a Minister and an influential person could tamper with the evidence and derail the investigation, if granted bail.

Background

Balaji, the Minister of Electricity, Prohibition and Excise, was arrested by the ED on June 15 in connection with a cash-for-jobs scam relating back to his term as Transport Minister during the 2011-16 AIADMK government. The arrest followed an order of the Supreme Court in May which set aside a direction of the Madras High Court staying the proceedings in the money laundering case against him.

On the very day of the arrest, his wife filed a habeas corpus petition before the High Court contending that the arrest and detention was illegal. The High Court denied him interim bail but allowed him to be shifted to a private hospital named Cauvery Hospital after he complained of chest pain. He underwent heart surgery at the hospital while under judicial custody.

Citation: 2023 LiveLaw (Mad) 323

Case Title: V Senthil Balaji v The Deputy Director

Case No: CRL OP 23629 of 2023