In a surprise move, Rajya Sabha member Kanimozhi and Kalaignar TV director Sharad Kumar on Friday filed bail applications in the special court hearing the 2G spectrum allocation scam case, ahead of the order on framing of charges.

The court has listed the matter for hearing on October 1. The two have been in judicial custody at the Tihar Central Jail here since May 20.

On June 20, the Supreme Court denied Ms. Kanimozhi and Mr. Kumar bail, but allowed them to file fresh bail applications in the special court under Section 439 of the Criminal Procedure Code after charges were framed.

The special court was due to pass an order on framing of charges on September 15, but heard additional arguments relating to the Telecom Regulatory Authority of India's report on spectrum pricing on that date and is yet to dispose of applications relating to filing in court of the Union Law Ministry's note on the definition of an ‘associate' company. The CBI has termed the note “unsolicited.”

Ms. Kanimozhi also argued that the Supreme Court's order entitled her to invoke provisions of Section 437(1) of the Cr.PC, which allows for bail if a person “is under the age of sixteen years or is a woman or is sick or infirm.”

Claiming innocence, Ms. Kanimozhi said the offences made out against her were “based on no evidence” and she was falsely implicated because of biased media reporting and on the basis of “conjectures and surmises.” The application said the “allegation of her strong association with co-accused A. Raja is mischievous and misleading. There is absolutely no evidence of her involvement in conspiracy.”

She also denied having benefited from, or having had any role in, the alleged conspiracy to allocate UAS licences and spectrum in various telecom circles and grant other undue favours to Swan Telecom during 2007-2009.

Her bail petition said she was a postgraduate, a Member of Parliament and the Whip of the DMK in the Rajya Sabha and had a minor school-going child to take care of and that her husband was employed abroad.

In his application, Sharad Kumar said he was only a Director and a 20 per cent minority shareholder in Kalaignar TV and not the CEO or Managing Director.

Both Ms. Kanimozhi and Mr. Kumar said the Rs.200 crore received from Cineyug Films was a loan which was “repaid in due course.”

Mr. Kumar's plea said he was an MBA and a “respectful person having deep roots in society, and he is having two very young school-going children to be taken care of. He has to take care of the children and his own aged mother. His wife is a homemaker and needs his emotional and financial support.”