CBI is unlikely to oppose Kanimozhi's bail plea
CBI is unlikely to oppose DMK Rajya Sabha member Kanimozhi’s bail plea when the special court takes it up for hearing on next Monday
By ET Bureau | Updated:
NEW DELHI: CBI is unlikely to oppose DMK Rajya Sabha member Kanimozhi’s bail plea when the special court takes it up for hearing on next Monday. It is likely to ask the presiding officer to use his discretion under Section 437 of the Criminal Procedure Code to decide on the matter.
At the last hearing on Kanimozhi’s bail application on October 1, CBI had filed written replies opposing the bail applications of Kalaignar TV director Sharad Kumar, former Union minister A Raja’s private secretary RK Chandolia, Swan Telecom promoter Shahid Usman Balwa and Kusegaon Fruits and Vegetables co-owners Asif Balwa and Rajiv Agarwal, while leaving it to the special court's discretion to decide on the bail pleas of Kanimozhi and Cineyug Films promoter Karim Morani.
While Kanimozhi has sought bail on the ground that she was a woman and mother, Morani cited illhealth. Section 437 of the CrPC makes out a case for bail for those “who are under the age of 16, or is a woman, or is sick, or infirm”.
CBI in separate replies cited the order of the SC, which while dismissing Kanimozhi's bail plea had given the accused liberty to move bail applications in the special court after it passed orders on framing of charges. CBI arrested her on May 20, and she has been in judicial custody since then.
The apex court had dismissed her bail plea on June 20, but gave her the liberty to file a fresh application under Section 439 of the CrPC before the special court after the framing of charges. “In her application, petitioner no 2 shall be entitled to again invoke the provisions of Section 437 of the CrPC,’’ the bench of Justices GS Singhvi and BS Chauhan had noted.
“The fresh applications filed by the petitioners shall be decided by the special court without being influenced by the rejection of the earlier applications,’’ the bench had said.
At the last hearing on Kanimozhi’s bail application on October 1, CBI had filed written replies opposing the bail applications of Kalaignar TV director Sharad Kumar, former Union minister A Raja’s private secretary RK Chandolia, Swan Telecom promoter Shahid Usman Balwa and Kusegaon Fruits and Vegetables co-owners Asif Balwa and Rajiv Agarwal, while leaving it to the special court's discretion to decide on the bail pleas of Kanimozhi and Cineyug Films promoter Karim Morani.
While Kanimozhi has sought bail on the ground that she was a woman and mother, Morani cited illhealth. Section 437 of the CrPC makes out a case for bail for those “who are under the age of 16, or is a woman, or is sick, or infirm”.
CBI in separate replies cited the order of the SC, which while dismissing Kanimozhi's bail plea had given the accused liberty to move bail applications in the special court after it passed orders on framing of charges. CBI arrested her on May 20, and she has been in judicial custody since then.
The apex court had dismissed her bail plea on June 20, but gave her the liberty to file a fresh application under Section 439 of the CrPC before the special court after the framing of charges. “In her application, petitioner no 2 shall be entitled to again invoke the provisions of Section 437 of the CrPC,’’ the bench of Justices GS Singhvi and BS Chauhan had noted.
“The fresh applications filed by the petitioners shall be decided by the special court without being influenced by the rejection of the earlier applications,’’ the bench had said.
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