MADURAI :The Madurai Bench of the Madras High Court on Friday dismissed a revision petition filed by Enforcement Officer (EO) Ankit Tiwari of the Enforcement Directorate (ED) against denial of statutory bail to him by the lower court in a bribery case.
Tiwari stated that he is entitled to statutory bail since the Directorate of Vigilance and Anti-Corruption (DVAC) have failed to file a chargesheet on the case in 60 days. He had earlier approached the Chief Judicial Magistrate cum Special Judge for Prevention of Corruption Act Cases, Dindigul, seeking statutory bail. However, noting that the chargesheet could not be filed within the limitation period only because the Supreme Court had stayed the DVAC's investigation, the special court dismissed his plea on February 6, against which he filed the present revision petition.
When the revision plea was heard by Justice M Dhandapani on Friday, the additional public prosecutor appearing for the state reiterated the prosecution's earlier stand that the chargesheet was ready and could not be filed only due to the stay granted by the Supreme Court. But the petitioner's counsel referred to an order passed by the Supreme Court on March 11, directing the high court bench to decide the plea seeking default bail on merits, notwithstanding the stay granted to the investigation.
Hearing both sides, Justice Dhandapani observed that it was not sure if the fact that the chargesheet was made ready before the expiry of the limitation period was brought to the notice of the Supreme Court. Unless the Supreme Court clarifies whether or not the petitioner is entitled to default bail in view of the aforesaid fact, the high court cannot render any opinion in the matter, he added and dismissed the petition. The judge granted liberty to Tiwari to work out his remedy before the Supreme Court.
Tiwari was arrested by DVAC sleuths on December 1, 2023, on charges of obtaining Rs 20 lakh as bribe from a government doctor, Suresh Babu, to close a pending disproportionate assets case against him and his wife. Tiwari had initially demanded three crore rupees from Babu, but later reduced it to Rs 51 lakh, of which he obtained Rs 20 lakh at first. Tiwari's arrest came after Babu lodged a complaint with the DVAC.