CHENNAI: The Madras High Court on Monday (July 6) ordered that the anticipatory bail plea filed by RV Ashok Kumar, brother of influential DMK leader V Senthilbalaji, in the alleged Rs 35-crore horse-trading case involving TVK legislator N Elaiyaraja, be placed before the bench dealing with cases against MPs and MLAs.
When the matter came up for hearing before Justice C Kumarappan, the police sought additional time to file their counter affidavit. The prosecution also submitted that, as the case involves an MLA, the anticipatory bail plea should be heard by the designated bench dealing with cases relating to MPs and MLAs.
Accepting the submission, the court directed that the matter be listed before the appropriate bench and adjourned the hearing to July 8. Accordingly, the anticipatory bail plea will now be heard by Justice GK Ilanthiraiyan, who is designated to hear cases relating to MPs and MLAs.
The case arose from a complaint lodged by TVK MLA Elaiyaraja, representing the Uthangarai constituency in Krishnagiri, before the Chennai Police Commissioner on June 29. He alleged that he was offered Rs 35 crore to vote against the Speaker during a proposed resolution in the Assembly.
According to the complaint, Thirunavukkarasu, who claimed to run a survey firm named Indian Political Democratic Strategies (IPDS), contacted the MLA stating that he was acting on behalf of "some people from an important party".
Elaiyaraja further alleged that after he rejected the offer and disconnected the call, Thirunavukkarasu contacted him again, repeated the proposal, and threatened him and his family with consequences if he told anyone about the conversation.
According to the prosecution, the investigation revealed that Thirunavukkarasu had allegedly contacted Elaiyaraja at the instance of former minister Senthilbalaji and Ashok Kumar.
Based on the complaint, the Triplicane police registered a case under Sections 8 and 12 of the Prevention of Corruption Act, 1988, and Sections 61 (2) (a) and 351 (3) of the Bharatiya Nyaya Sanhita (BNS). During the course of the investigation, Ashok Kumar was arrayed as an accused, following which he approached the Madras High Court seeking anticipatory bail.
In his anticipatory bail petition, Ashok Kumar contended that he had been falsely implicated solely on the basis of an alleged statement made by the caller, without any independent material or specific overt act linking him to the alleged offence. He submitted that he had never contacted the complainant, made any demand, issued any threat, or handled any money.
He further claimed that he had been arrayed as an accused merely because he is Senthilbalaji’s brother, despite having no connection with or knowledge of the alleged offence. He also alleged that the case had been politically motivated ahead of the Karur by-election.