SC dismisses Kanimozhi bail plea

New Delhi, Jun 20 (PTI) DMK MP Kanimozhi will have to
cool her heels in Tihar jail for some more time as the
Indian Supreme Court Monday dismissed her bail plea in the 2G
scam and questioned CBI for its failure to interrogate the
accused for recovering certain documents.
However, the court offered her some hope when it said
that she can approach the trial court for bail once charges
are framed in the case.
The CBI is likely to soon file a third chargesheet in
the case after which the special CBI court is expected to
frame charges.
A special bench of justices G S Singhvi and B S
Chauhan ticked off counsel for Kanimozhi and co-accused
Kalaignar TV managing Director Sharad Kumar when they claimed
that they were innocent and were not hungry for money.
"Hungry people neither take bribe nor do they come to
the courts. None of them (accused) is a hungry person," the
bench remarked when senior counsel Altaf Ahmed argued that the
accused were "not hungry for money," and the Rs 200 crore
transferred to Kalaignar TV was part of a loan amount.
The apex court order came as a surprise for the
lawyers and the family members of the two accused as they were
hopeful of getting relief from the bench which appeared
receptive to their pleas for bail during the 90-minute
hearing.

The defence argument that Kanimozhi and Kumar, whose
bail plea was also rejected Monday, were no longer required
for investigation as CBI had so far not interrogated them
prompted the bench to ask the agency as to why it failed to
interrogate her.
It also asked Senior Counsel A S Chandiok appearing
for CBI as to what prevented the agency from recovering
certain documents.
"What is preventing you from recovering the documents.
Why did you not interrogate them? Have they been interrogated?
why were they not questioned?" the bench asked CBI."
The senior counsel merely claimed the probe was on.
The bench was not impressed with the defence plea that
the accused were willing to abide by any condition for bail
and even the IMF Chief Dominique Strauss-Kahn was granted bail
in the sexual molestation case.
"Let us keep the media discussions outside. It tends
to blur our thinking, the bench remarked.
The bench did not agree with the plea of senior
counsel Sushil Kumar that Kanimozhi should be granted bail as
she has a 10-year old child to look after and that she was
being denied his company.
"That happens to all other women," the bench
remarked.
Sushil Kumar pleaded that since Kanizmozhi was not
charged with any IPC offence, the maximum sentence that she
could face in the event of her conviction was six years and
hence she should be granted bail.
"The victim of the crime is the sovereign," the court
observed, when the defence argued that the accused were
entitled to bail as the alleged crime was not against any
individual but the State.
The counsel claimed that Kanimozhi had no role in the
Kalaignar TV as she was a director for a mere 14 days. The CBI
he said could not produce any evidence to prove that she had
signed any documents pertaining to the alleged Rs 200 crore
transferred to the company's account.
During arguments, the CBI opposed the bail on the
ground that the trial and high court had rightly rejected
their plea as they could tamper with the evidence and
influence witness.
"It is a notion not an apprehension," the bench
observed.
Chandiok submitted that original documents pertaining
to the Rs 200 crore transferred to the company had not been
recovered as the accused should not be enlarged on bail.