CHENNAI: A special court in the city remanded former minister Anbil Mahesh Poyyamozhi in judicial custody until November 6 after hearing arguments for an hour and 48 minutes. The DMK leader was arrested in connection with the private schools graft case.
Mahesh was arrested in a graft case involving alleged grant of government recognition and other statutory approvals in exchange for money. He was produced before the special court for cases under the Prevention of Corruption Act at 10.10 pm on Monday, following a check-up at a government hospital.
Judge LS Sathiyamurthy heard the arguments. Appearing for Mahesh, senior advocate P Wilson submitted that he was arrested at his office after his anticipatory bail plea was dismissed, while he was consulting his lawyers on the next course of action.
He argued that the arrest did not follow proper procedure, pointed out that he had already undergone eight hours of questioning on September 18, and contended that there was no need to arrest him immediately, stating that he was not a terrorist.
State Public Prosecutor R John Sathyan, appearing for the police, submitted that the police had waited outside the advocate's office for an hour before arresting Mahesh. He said the High Court had cited several reasons for rejecting his anticipatory bail plea, including the need for custodial interrogation and the possibility of witnesses being influenced and evidence being destroyed.
He also pointed to evidence of online transactions indicating financial dealings worth approximately Rs 400 crore and sought judicial custody, stating that the arrest had been made in accordance with due procedure.
Mahesh's counsel argued that permission from the Secretary to the Public Department was insufficient as the prior sanction from the Governor, competent authority to prosecute a former minister, was not obtained.
Contending that the arrest violated the provisions of the Prevention of Corruption Act, the lawyers opposed his remand. They also submitted that the case arose from a dispute between two office-bearers of the Private Schools Association, alleging that BT Arasukumar had collected money and purchased properties in his own name. They pointed out that government files required signatures from officials across departments and not just the minister.
The lawyers further argued that the police had cited the need for a comprehensive investigation and the prevention of witness tampering but had produced no new evidence to justify the arrest.
They contended that an arrest could not be made mechanically, that the dismissal of an anticipatory bail plea alone did not warrant remand, and that the prescribed procedures had not been followed. They also alleged that the arrest intimation contained only general statements without specifying the actual grounds for arrest, describing it as illegal and politically motivated.
They also submitted that he had been suffering from a pancreatic ailment since 2024 and was undergoing treatment. They added that he had attended a medical consultation on Monday morning and alleged that the police had failed to properly inform his family about the arrest as required by law.
They urged the court to reject the remand request.
In response, the prosecution submitted that the previous regime had registered cases against 20 former AIADMK ministers and that it had not obtained prior permission from the Governor in any of those cases.
After hearing arguments from both sides for an hour and 48 minutes, the judge asked Anbil Mahesh to state his name and whether he had been harassed by the police. He replied that his name was Anbil Mahesh and that he had not been harassed. The judge subsequently remanded him in judicial custody until November 6.
The defence then sought first-class prison facilities for Anbil Mahesh and requested that he be provided with food suited to his medical condition, excluding oil and protein. Accepting the request, the judge directed the Puzhal prison authorities to provide him with first-class facilities and food appropriate to his health condition.