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DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar will have to stay in New Delhi's Tihar Jail for some more time as the Supreme Court on Thursday rejected their bail petition. Kanimozhi and Kumar has been directed by the Supreme Court to go back to the trial court after the charges are framed if they want bail. A special bench comprising of justices GS Singhvi and BS Chauhan rejected their bail petition after hearing the arguments of the Central Bureau of Investigation and (CBI) counsel and the duo's lawyers. The bench was set up after two judges hearing the case recused themselves on Friday.
This was the duo's third attempt to secure bail after the trial court and Delhi High Court had denied their petition earlier. The arguements went on for nearly one and a half hours after which the court took a break announcing that the verdict will be delivered at 12:30 PM. At 12:30 PM when the court reassembled the judges rejected the bail application and directed Kanimozhi and Kumar to approach the trial court after the CBI had framed the chargesheet. Opposing the bail application of the duo, the CBI made a strong case claiming that investigations in the case were still going on. The CBI counsel said that there was serious apprehension that Kanimozhi and Kumar could tamper witnesses and hamper investigation as original documents pertaining to transaction of Rs 200 crore to Kalaignar TV have not yet been recovered. However, the defence lawyer argued that Kanimozhi and Kumar have been cooperating with the CBI from march 2011 and that it was only on the basis of their cooperation that the second chargesheet in the case was filed. While pleading the apex court to grant her bail, Kanimozhi's lawyer pointed out that after March 2011 the CBI had never interrogated her. "We are appearing before the trial court everyday. Allegations that she will tamper against evidence is a vague argument. No specific instance of tampering has been given by the CBI. There are four witnesses in the case. One witness' statement before the magistrate has been recorded. Three other witnesses. There is no question of tampering with the evidence. Why should she be deprived of the company of her son, who is 10 years old. You can put any condition on the bail. CCTV can be installed in her house and it can be wired as well," argued her lawyer. The High Court had on June 8 dismissed their pleas after observing that they have strong political connections and the possibility of them influencing witnesses cannot be ruled out. Kanimozhi and Kumar, named as accused in the second chargesheet for allegedly taking bribe of Rs 200 crore, were arrested on May 20 after the special court dismissed their bail pleas in the case. Both Kanimozhi and Kumar have 20 per cent stake each in Kalaignar TV Pvt Ltd, which allegedly received Rs 200 crore through a "circuitous" route from Shahid Balwa promoted DB Realty. DMK chief and former Tamil Nadu chief minister M Karunanidhi's wife Dayalu Ammal, who has been left out of the list of accused, owns the remaining 60 per cent shares in the channel. Kanimozhi and Kumar had moved the high court on May 23 challenging the trial court's order which had rejected their bail pleas, saying the offence attributed to them was grave and the possibility of influencing the witnesses cannot be ruled out. Credit - ibnlive.com |
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