NEW DELHI: A Delhi court on Thursday granted bail to AIADMK (Amma) faction deputy general secretary T T V Dhinakaran over a month after he was arrested for allegedly trying to bribe the Election Commission of India.
Special judge Poonam Chaudhary in her 14-page order observed that the police had failed to identify the poll officials who were to be lured for getting the AIADMK’s Two Leaves symbol. Besides Dhinakaran, the court also granted bail to his close aide Mallikarjuna and directed both not to influence or tamper with the evidence or contact the witnesses.
The court asked them to furnish a personal bond of `5 lakh each and two sureties of like amount and not leave the country without its permission. It also asked them to surrender their passports and join the investigation whenever called upon. Both were arrested on April 25.
On the role of Dhinakaran, the court said, “He is no more required for custodial interrogation. The CD containing alleged voices of applicant (Dhinakaran) and co-accused (Mallikarjuna) has already been seized. The mobile phone of applicant has also been seized and no other incriminating material remains to be recovered from him.”
The order states, “There is no apprehension of the accused absconding as he is the deputy general secretary of the AIADMK faction and has deep roots in the society. The poll officials who were to be lured by giving inducement to commit an illegal act have not been identified.”
On the allegation in the FIR that Dhinakaran was the alleged conspirator, the court said the material that has been collected leads to an inference that there was a conspiracy but this offence cannot be deemed to be established on mere suspicion or inference and it has to be proved by cogent and acceptable evidence during trial. “The admissibility of a confessional statement against an accused was a matter to be considered at the time of trial,” the court observed.
Dhinakaran in his bail plea had stated that there was no reason to keep him in custody and no public servant was made an accused in the case, though he was booked on graft charges.
Mallikarjuna had sought bail, saying that no recovery was made at his instance and he had joined the investigation.
Sukesh Chandrashekar, an alleged middleman in the case, and Nathu Singh, suspected hawala operator are in judicial custody till June 12. Another accused Lalit Kumar, who was also alleged to be a hawala operator, is in judicial custody till June 5.