Observing that the poll officials who were to be lured for getting divided AIADMK’s ‘two leaves’ symbol have not been identified, a Delhi court on Thursday granted bail to AIADMK (Amma) deputy general secretary T.T.V. Dhinakaran and his co-accused Mallikarjuna in the case of alleged attempt to bribe certain officials of the Election Commission for allotment of the symbol to the Amma faction.
Dhinakaran had been arrested by Delhi Police’s Crime Branch on April 25 after four days of questioning. The accused were told to surrender their passports.
Special Judge Poonam Chaudhry granted bail to them on furnishing a bail bond of ₹5 lakh with two sureties of a like amount by both accused.
While granting bail, the Judge asked the two accused to surrender their passports, not to tamper with evidence or contact witnesses. They would have to join the investigation as and when called.
“Dhinakaran is no more required for custodial interrogation. The CD containing alleged voices of applicant (Dhinakaran) and co-accused (Mallikarjuna) has already been seized. The mobile phone of applicant has also been seized ,and no other incriminating material remains to be recovered from him,’’ the Judge said granting bail to him.
Further, there was no apprehension of the accused absconding or fleeing from justice as he was the deputy general secretary of a party and had deep roots in society, the Judge further said.
It was a fit case for release of the accused on bail, the Judge further said.
As to the allegation that Dhinakaran was a conspirator, the court said the material that had been collected led to an inference that there was a conspiracy but this offence could not be deemed to be established on mere suspicion or inference. It had to be proved by cogent and acceptable evidence during trial, the Judge stated.
Dhinakaran had sought bail arguing that as no public servant had been made accused in the corruption case against him, there was no reason to keep him in custody.
Mallikarjuna argued that he had joined investigation even without being summoned.
The prosecution opposed the bail plea of Dhinakaran, arguing that he had conspired with other accused persons to undermine the sanctity of the electoral process through corrupt means.
