Supreme Court Grants Interim Bail To ED Officer Ankit Tiwari Arrested By Tamil Nadu Police, Asks Him Not To Leave TN Without Permission

Tiwari, who was arrested by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) in December, approached the apex court after his second bail plea was dismissed by the Madras High Court last week with the observation that there is no clarity as to whether the high court could proceed to decide the revision petition on merits.

A bench of Justices Surya Kant and KV Viswanathan has been hearing his special leave petition against a December 20 order of the Madras High Court denying him regular bail. After his second bail application was also dismissed by the high court, Tiwari filed an application in the pending case as well as a separate special leave petition.

In response to his latest pleas, the Supreme Court today directed his release on interim bail. However, this interim relief granted to Tiwari comes with several stringent conditions.

He is required to furnish bail bonds to the concerned trial court and adhere to specific directives laid down by it. The Supreme Court has also specified certain conditions, in addition to the ones that may be prescribed by the trial court. Tiwari is prohibited from directly or indirectly contacting or influencing any witnesses related to the case. He is also barred from tampering with any evidence in any manner. Additionally, Tiwari must not leave the State of Tamil Nadu without prior permission from the court, and he has been directed to deposit his passport with the chief judicial magistrate.

Today's order was handed down after Tamil Nadu Additional Advocate General Amit Anand Tiwari and Senior Advocate Kapil Sibal – both representing the State of Tamil Nadu – informed the court that they had no objection to it granting bail to the arrested ED officer. Advocate Shivam Singh appeared for the petitioner.

In another notable development, the bench adjourned until April 18 the hearing of a separate plea filed by the Enforcement Directorate seeking the transfer of the probe into bribery allegations against Tiwari from the Tamil Nadu DVAC to the Central Bureau of Investigation (CBI).

Alleging non-cooperation of the state government, the central agency has claimed in its petition under Article 32 of the Constitution that the Tamil Nadu police has deliberately hindered its access to first information reports (FIR) and essential materials necessary for fulfilling its obligations under the Prevention of Money Laundering Act.

During previous hearings of this plea, the apex court mulled over the idea of framing pan-India guidelines to ensure that the investigation of cases involving the Enforcement Directorate and the state government officials take place fairly and transparently, cautioning against 'vindictive arrests' and 'mala fide witchhunts'.