'Can't Conduct Mini-Trial In Bail Proceedings': ED Opposes Senthil Balaji's Bail Plea In Madras High Court

The bail plea was heard by Justice Anand Venkatesh. The court had previously taken a strong view against Balaji continuing as a Minister without portfolio in the cabinet and remarked that it did not auger well for the democracy.

When the bail plea was taken up on Wednesday, Senior Advocate Aryama Sundaram, appearing for Balaji submitted that the evidences relied upon by the ED had been tampered with and pointed out that the dates of the documents found in the pendrive seized from Balaji's residence was not the original dates.

Sundaram questioned the validity of the documents relied upon by the ED and submitted that if the tampered evidences were to be not considered, there would be no other evidence against Balaji. Sundaram also pointed out that Balaji had resigned from his ministerial post and thus there was a change in circumstances. He further submitted that the investigation was complete and all the evidences were also filed and thus there was no possibility of the same being tampered by Balaji. Pointing out to Balaji's long incarceration, Sundaram thus sought for bail.

ASG ARL Sudnaresan, however, opposed the bail plea on the ground that even if Balaji had resigned from his ministerial post, he was still influential and there was every possibility that he may tamper with the evidence.

To Balaji's allegation that the investigation agency had tampered with the evidence, Sundaresan submitted that those were defences that could be taken in the trial and while considering bail, the court could not venture into conducting a mini trial.

Sundaresan argued that for considering bail, what had to be looked into was the status, antecedents, past conduct in the case and the consequences of a bail. Sundaresan pointed out that other accused in the trial including Balaji's brother and former personal assistant were absconding. He added that even during search, the supporters of Balaji had attacked the ED officers. Thus, Sundaresan submitted that there was every likelihood that Balaji would influence the witnesses if he was let out on bail.

The case has been adjourned to February 19^th.