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Special Court rejects bail to ex-DMK Minister Anbil Mahesh in Rs 100 cr school fraud case

Chennai, Nov 10 (UNI) The Special Court for Prevention of Corruption Act (PCA) cases in Chennai on Tuesday dismissed the regular bail plea of senior DMK leader and former Tamil Nadu School Education Minister Anbil Mahesh Poyyamozhi for November 10 in the Rs. 100 crore private school fraud case.
Special Court Judge L.S.Sathyamoorthy dismissed the plea holding that the inquiry was at a preliminary stage.
The Judge accepted the prosecution's arguments that the former Minister needs to be questioned again inc ustody as more details and evidences have emerged during the three-day custodial inrregoation.
Terming it as a 'scientific corruption' and that the case against Anbil was not politically motivated, the prosecuction stoutly opposed the bail stating that there are several reasons surrounding the surrender of key suspect Muthukumar, who was cited as the 3rd accused and that he should also be questioned to collect more evidences and his links with the former Minister.
Arguing that yet another custodial interrogation of the former Minister was necessary as video evidences on a key suspect Saravanan--who was since absconding--carrying money to Anbil's house, the prosecution said enlarging him on bail at this stage would hamper the investigation.
During the arguments on earlier hearing on November five when the Judge reserved the orders to today, Richardson Wilson, counsel for the ex-Minister, said intially the CCB said it was Rs.100 crore corruption. Now they have enhanced it to Rs.800 crore. Stating that it was the prime accused B.T.Arasakumar, who ran an unrecognised Association for private schools and had collected bribes to the tune of Rs.100 crores saying he has to crease the palms of the authorities, he said the case initially registered against Arasakumar, was now changed by the police and also sought to know why the Central Crime Branch (CCB) police had registered the case when the DVAC was there to probe corruption cases.
Observing that Anbil was arrested based on the statements of those who had given bribes to Arasakumar, Richardson sought to know why those who have admitted to giving bribes were not arrested. Why should Anbil be blamed for the fault committed by Arasakumar and those who had given bribes were made as witnesses in the case. Though police claim that Anbil was an influential person, he would neither flee anywhere nor tamper with the evidences and that he should be granted bail.
However, the Judge did not offer any relief and dismissed his bail plea, which meant that he should remain in judicial custody, which has been extended till November 18.
Anbil Mahesh was arrested by the CCB police on October 26 hours after the Madras High Court dismissed his anticipatory bail petition in the graft case, which according to the investigators could cross Rs.400 crores.
He was the first ex-DMK Minister to be arrested in a corruption case after the TVK government headed by Chief Minister Vijay assumed office in May and started digging into various corrupt activities involving former Ministers during the previous DMK regime.
Police said the arrest was based on the material evidences collected during the raids conducted at Anbil's locations and those connected with him.
The case was registered under Sections 316(5) (criminal breach of trust by a public servant) and 318(4) (cheating that dishonestly induces a person to deliver property), read with Section 3(5) (joint liability arising from common intention), of the Bharatiya Nyaya Sanhita (BNS). Mahesh was also accused of collecting money from more than 1,000 private school managements in the guise of a "party fund" during his tenure as school education minister from 2021 to 2026.
So far, four others, including former DMK MLA V Muthukumar, the prime accused BT Arasakumar, and two others, were arrested in the case.
A total of six people were cited as accused in the case. Apart from Anbil, the other five are Arasakumar, Vaalaadi Karthik, who is said to be the brother of the ex-Minister and was yet to be traced, Muthukumar, also a long time friend of Anbil Mahesh, his driver Suresh and one Saravanan, who according to police had carried the money to Anbil's house and was absconding.
The CCB registered an FIR alleging that over Rs.100 crore was illegally collected from private school managements as a "party fund" in exchange for statutory clearances and recognition during the previous DMK regime. Police quoting further investigsations reveal that the money trail could touch over Rs 400 crores.
It may be noted that two weeks after raids by police and questioning and a day after the court had refused interim relief on October 1, the Enforcement Directorate (ED) stepped in to probe the money laundering angle in the case.
The ED took up the probe based on the FIR registered by the CCB police on September 16 to examine the alleged illegal financial transactions and the money trail in the case and the possible money laundering angle. The ED probe is expected to focus on the alleged financial transactions and whether the proceeds of the alleged offence would attract provisions of the Prevention of Money Laundering Act.
While dismissing his advance bail plea, Mr Justice V.Lakshminaryanan said considering the huge involvement of money trail in the name of party funds (an euphemism for corruption coined by the present regime), the beneficiaries could be identified only by interrogating the ex-Minister. The police also opposed it saying the money trail and the beneficiaries of the party funds has to be ascertained.
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