Witnesses, materials indicate ‘party fund’ extortion, says spl court, denies Anbil Mahesh bail

CHENNAI: Observing that the materials on record prima facie indicated his involvement in an economic offence involving the collection of huge sums from private schools in the name of "party fund" through deception and threats, said the Special Court for cases under the Prevention of Corruption Act, and dismissed the bail plea of former school education minister Anbil Mahesh Poyyamozhi on Tuesday.

The DMK leader was arrested on October 26 for allegedly cheating private schools of over Rs 100 crore by promising to secure recognition and permissions. Seeking bail, Mahesh filed a petition before the special court.

Special Court Judge LS Sathiyamurthy noted that the FIR contained allegations that private schools would not be granted permission to allow their students to appear for the SSLC and Class 12 public examinations if their managements failed to pay the amount demanded by the Tamil Nadu Private Schools Association (TNPSA).

The statements of some of the witnesses indicated that the amounts demanded by TNPSA office bearers BT Arasakumar and Muthukumar had acted as his aides in demanding and collecting money through false representations, threats and coercion, and that there were materials indicating that a huge sum had reached him through his aides.

The allegations in the FIR and the materials available at present an economic offence involving deception, threats, demands and collection of huge sums from private schools, it added.

Every holder of public office was a trustee and that any deviation from the path of rectitude by a public servant amounted to a gross breach of public trust, noted the court, pointing out that power conferred upon Mahesh as school education minister made him a trustee responsible for the education and welfare of students, teachers, parents and other stakeholders in school education.

However, the records and materials available made out a prima facie case of his involvement in the commission of the crime.

Holding that public interest was the paramount consideration in the bail plea, the court said the welfare and education of schoolchildren prevailed over Mahesh's personal interest and right to bail.

The court observed that the investigation was still at a preliminary stage and that the first period of remand had just ended, and also noted that Muthukumar had voluntarily surrendered before it, thereby depriving the investigating agency of the opportunity to examine him before his remand.

It further pointed out that other accused persons named in the FIR were yet to be secured, and that the custodial interrogation of Muthukumar, who had surrendered, had just commenced following an application filed by the investigating agency.

In these circumstances, it would not be appropriate to release Anbil on bail, the court held, and dismissed the petition.