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Synopsis

A division bench of the Supreme Court today dismissed the medical bail plea filed by Tamil Nadu Minister V. Senthilbalaji, who was arrested by the Enforcement Directorate (ED) on June 14, 2023, and has been in custody since then in a money laundering case.

While doing so, a bench of Justices Bela M Trivedi and Satish Chandra Sharma has asked Balaji to apply for regular bail.

"Does not seem to be very serious. Nowadays bypass is like appendicitis..", the bench observed today.

Senior Advocate Mukul Rohatgi submitted on the observations made by the High Court denying medical bail only on the ground that Balaji's brother was absconding.

"How can court say that I am a flight risk when I am applying for medical bail..", he said.

Asking Balaji to apply for regular bai, the bench ordered thus, "Plea is dismissed as withdrawn. The observations made in the impugned order shall not come in way of the regular bail application".

Supreme Court last week had adjourned hearing the medical bail plea filed by Balaji after directing the petitoner's counsel to file all latest medical reports.

Last month, the Madras High Court had rejected the bail plea filed by Balaji solely on medical grounds.  The bench of Justice G Jayachandran had reserved the judgment in the bail petition after the plea was vehemently opposed by the ED.

The relief by the Minister was sought on grounds of his ongoing health struggles, including chest discomfort, pain, numbness, and discomfort in his left leg (the surgical side).

The Minister had alleged that despite receiving medications in the Puzhal prison hospital, his recovery remains slow, necessitating further treatment. Senthilbalaji's bail petition was earlier rejected by a Chennai court on September 20, 2023.

Principal Sessions Judge S. Alli had taken note of the earlier rejection of Balaji's earlier bail application by the Sessions court on June 16, citing that the conditions stipulated under Section 45 of the Prevention of Money Laundering Act (PMLA) were not met.

Case against Balaji:

Allegedly, when Senthil Balaji, the present Tamil Nadu Electricity Minister, was serving as Transport Minister in Jayalalithaa’s Cabinet during 2011-15, a job racket took place where bribe was sought for jobs in the Metropolitan Transport Corporation. It is alleged that he had obtained money from third parties promising jobs in the Transport Department and thereafter cheated them.

The ED arrested the Minister on June 14 and he was remanded to judicial custody till June 28. Meanwhile, after the Minister complained for chest pain, he was admitted to Tamil Nadu Government Multi Super Specialty Hospital at Omandurar Estate in Chennai for a medical checkup. At the government hospital, the Minister was advised CABG-Bypass surgery at the earliest.

On the same day, the Minister's wife moved the high court alleging that his arrest has been done without following the due procedure and sought his transfer to a private hospital for treatment. 

On June 15, though the high court denied the Minister interim bail but allowed him to be shifted to a private hospital in Chennai for treatment.

Case title: V Senthil Balaji vs. ED