Former Telecom Minister A Raja, DMK MP Kanimozhi and eight other accused in a 2G scam-related money laundering case were today granted bail by a special court which said that considering their conduct, there was "no likelihood" that they will commit such offence again.
Special CBI judge O P Saini also noted in his order that the accused have given an explanation regarding the transfer of Rs 200 crore to DMK-run Kalaignar TV from DB group company, which according to the Enforcement Directorate (ED) was a bribe paid in return of grant of 2G licences to Swan Telecom Pvt Ltd.
"The accused have an explanation, which is not absurd, far fetched or imaginary, particularly in view of the fact that the amount of Rs 200 crore is not tainted by itself as its sources are known at both ends, though the same may ultimately turn out to be false," the judge said.
"In the end, I find that guilt of accused, as reflected from the material on record and viewed in the light of their explanation, does not stand in the way of grant of bail to them, subject to the caveat that it is not a finding of guilt or innocence," the court said in its 164-page order granting bail to the nine accused.
Meanwhile, the court passed a separate order granting bail to DMK supremo M Karunanidhi's wife Dayalu Ammal, who has also been chargesheeted as an accused along with others in the case in which ED had alleged that Rs 200 crore transaction was "not genuine" and it was a "bribe for grant of telecom licences to DB Group companies".
While granting bail to 83-year-old Dayalu, the judge said, "I am satisfied that she (Dayalu) is a woman, aged and infirm, suffering from various age related diseases and as such presently unable to make an appearance in court despite being desirous of it, which is indicated by the presence of battery of lawyers on her behalf."
"Accordingly, I am inclined to enlarge her on bail," the court, which also exempted her from personal appearance in the case before it till further orders, said.
The court, however, did not accept the contentions of her lawyer that she should be discharged in the case as she was of "unsound mind" and suffering from various ailments, including Alzheimer.
"Every age-related problem does not constitute unsoundness of mind, though it may be of some severe nature," the court said in its separate 31-page order.
