28 Feb 2024 3:43 PM GMT
The Madras High Court on Wednesday emphasised that though generally bail is the rule and jail is the exception, under the Prevention of Money Laundering Act(PMLA), this principle was turned and jail became the rule.
Justice Anand Venkatesh made the observations while dismissing the bail plea of former TN Minister Senthil Balaji. Balaji was arrested by the Enforcement Directorate in connection with a cash-for-job money laundering case. Balaji had previously sought bail on medical grounds which was also rejected by the courts.
The court added that while considering bail under Section 45 of the Prevention of Money Laundering Act, the courts were further required to satisfy the “twin condition”. The court was thus required to prima facie take a view on the basis of the materials collected during the investigation and see whether there were reasonable grounds to believe that the accused had committed the offences.
The court emphasised that while considering bail plea, the court could not venture into conducting a roving enquiry or mini trial. If based on the prima facie materials, the court was convinced that there no doubt regarding the genuineness of the materials, the court shouldn't doubt the probative value of the documents.
In the present case, the court observed that the documents produced by the agency prima facie established a connection between Balaji and other accused in the accused who were in turn co-ordinating with the officials of the Transport Corporation regarding the recruitment process.
The court was thus satisfied that the materials strengthened the case against Balaji. Noting that the twin requirements were not satisfied, the court was thus not inclined to grant bail to Balaji.
Citation: 2024 LiveLaw (Mad) 87
Case Title: V Senthil Balaji v Deputy Director
Case No: CRL OP 1525 of 2024