There is only an inference to a conspiracy, that isn't enough says the court.

No EC official identified by police no fear TTV will abscond Dhinakaran gets bail
news Court Thursday, June 01, 2017 - 18:37

A special court in Delhi has granted bail to AIADMK(Amma)'s Deputy General Secretary TTV Dhinakaran and his close aide Mallikarjuna in the Election Commission bribery case. The two men, who have been booked for graft charges, have received temporary relief, despite strong opposition from the Delhi police.

The court granted him bail saying there was no apprehension of him fleeing and that the police were yet to identify which officer in the Election Commission had been approached by Dhinakaran and his aides.

On May 29, TTV Dhinakaran sought bail in the special court, claiming that no public servant was made an accused in the Election Commission bribery case yet. His counsel further argued that Dhinakaran's close associate Mallikarjuna, who was arrested with him on the night of April 25, reportedly sought bail on the ground that no recovery was made at his instance.

The Delhi police however argued that the accused would tamper with evidence or influence witnesses if allowed out on bail.

Justice Poonam Chuadhry, on Thursday, after listening to submissions made by both Dhinakaran's counsel and the public prosecution, decided to grant the accused bail. "The applicant (Dhinakaran) is no more required for custodial interrogation. The CD containing the alleged voices of the applicant and co-accused has already been seized. The mobile phone of applicant has also been seized, no other incriminating evidence remains to be recovered from him," said the judge. "There is no apprehension of accused absconding or fleeing from justice as he is a Dy. Gen. Secretary of AIADMK and has deep roots in the society. Moreover the public servant who was to be hired and induced to do an illegal act has not been identified," the court observed.

The judge further added that, "The material that has been collected leads to an inference that there was a conspiracy. An offence of conspiracy cannot be deemed to be established by cogent evidence and acceptable evidence, the same is a matter of trial. Moreover, the admissibility of confessional statement against a co-accused is a matter to be considered at the time of trial."

Dhinakaran, during the initial stages of interrogation, had claimed that Sukesh Chandrasekhar, the co-accused in the bribery case, had hoodwinked him. Sukesh, he claimed, said that he had the contacts to influence the decision of the Election commission, as far as the case of two leaves symbol was concerned.

The AIADMK leader is now required to pay a bail amount of Rs.5 lakh. In addition to this, he has to furnish two sureties of Rs.5 lakh each. subject to the conditions that he will not tamper with evidence, influence witnesses or leave the country without prior permission from the court.

Dhinakaran had been arrested by the Delhi police on April 25 after four days of questioning for allegedly attempting to bribe unidentified Election Commission (EC) officials. He was, according to the FIR filed against him, attempting to retrieve the AIADMK's two leaves election symbol.

His faction, AIADMK (Amma) had reportedly hoped to obtain the symbol for the bye-poll to the RK Nagar Assembly seat in Tamil Nadu. The poll itself was however cancelled after reports that the AIADMK faction led by Dhinakaran, was bribing voters in the constituency.

 

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