In a significant development in Tamil Nadu’s legal landscape, the Dindigul Special Court for Prevention of Corruption Act Cases has denied the bail application of Enforcement Directorate (ED) officer Ankit Tiwari. Arrested on charges of bribery, Tiwari’s plea for statutory bail was dismissed by Special Judge J Mohana ML, marking a pivotal moment in the ongoing investigation into corruption within the enforcement agency.
The case against Tiwari centers around allegations of demanding a bribe of 51 lakh rupees from Dr. Suresh Babu to settle a pending case. It is reported that a portion of the demanded bribe, amounting to 20 lakh rupees, was paid on November 1, 2023, prompting Dr. Babu to lodge a complaint leading to Tiwari’s arrest. This arrest in December 2023 was followed by searches conducted by the Directorate of Vigilance and Anti-Corruption (DVAC) in the offices of the Enforcement Directorate, highlighting the seriousness of the allegations and the investigation’s scope.
Tiwari’s legal team argued for statutory bail under Section 167(2) of the CrPC, citing that he had been in custody for over 61 days without a charge sheet being filed. They contended that granting bail would not prejudice the investigation and assured that Tiwari would not interfere with prosecution witnesses. However, the court sided with the DVAC’s argument, emphasizing the Supreme Court’s stay on the investigation on the 55th day, which effectively paused the investigation and the filing of the charge sheet.
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The court’s decision was influenced by the unique circumstances of the case, particularly the Supreme Court’s intervention, which halted the investigation, thereby affecting the timeline for filing a charge sheet. The judge noted,
“Considering the arguments on both sides, the statutory bail u/s.167(2) Cr.P.C. would be applicable only if the sixty days period from the date of arrest had gone without any reasonable cause. After the 55th day, the respondent is restrained by the Hon’ble Supreme Court of India from going for further investigation. Hence, the further proceedings are stalled. Hence, the reason and argument on the side of respondent Vigilance and Anti-Corruption, Dindigul seemed to this court is valid. Hence, this petition by the petitioner is dismissed.”
This ruling underscores the complexities involved in legal proceedings, especially in cases where higher judicial authorities like the Supreme Court intervene. The court’s dismissal of Tiwari’s bail plea reflects a cautious approach to ensuring that the investigation into the bribery allegations is not compromised. The decision also highlights the judiciary’s role in balancing the rights of the accused with the broader interests of justice and the integrity of ongoing investigations.
As the case continues to unfold, it serves as a reminder of the challenges faced by the legal system in addressing corruption within its ranks. The court’s reliance on procedural technicalities, in this case, demonstrates the intricate dance between law enforcement, the judiciary, and the rights of individuals, ensuring that justice is served while adhering to the principles of fairness and due process.
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