HC extends interim custody bail of accused in EC bribery case for mother’s surgery in Chennai

The Delhi High Court Thursday extended the interim custody-bail granted to an accused, arrested in 2017 in the Election Commission (EC) bribery case allegedly involving AIADMK leader TTV Dhinakaran and others, in view of his ailing mother's surgery in Chennai.

A vacation bench of Justices C Hari Shankar and Rajnish Bhatnagar extended till July 12, the interim custody-bail of Sukesh Chandrashekar on the ground that the his mother's surgery has now been re-scheduled for July 7.

The court was informed by Chandrashekar's counsel the surgery was scheduled for June 24 but it could not be performed as his mother's health parameters were not conducive.

The court noted the submission of his counsel that he will not seek further extension of interim custody-bail, irrespective of the fact whether the surgery is performed or not.

"The interim custody bail is extended till July 12 on the same terms and conditions," said the vacation bench, which was constituted to hear this matter.

Senior advocate Mukul Rohatgi and Parag Tripathi, appearing for Chandrashekar, sought extension of the relief by two weeks.

Chandrashekar was initially granted interim custody bail for two weeks on June 4; thereafter, on June 18 it was extended till July 2, on the ground that his mother was seriously ill and required hospitalisation and surgery.

The plea was opposed by Delhi government additional standing counsel Avi Singh who said several police personnel have been diverted from their regular duties to Chennai and Chandrashekar is in interim custody bail because of his own conduct and he shall apply for interim bail.

The counsel had earlier argued that the accused has in the past abused the relief and liberty granted to him by attempting to suborn the police officials who were responsible for him during his remand.

Earlier, the high court had said it does not see any plausible cause or reasonable apprehension to deny custody interim bail to Chandrashekar.

Till now, he has been directed to deposit an advance of Rs 10 lakh with the Delhi Police towards the expenses of police escort for travelling by air to-and-from Chennai with him and also towards their lodging, boarding and other necessary expenses.

It had directed the accused to be stationed in Chennai at the address given by him and leave the place only when he needs to accompany his mother or consult doctors in relation to her medical condition and also made it clear that he shall not be entitled to presence of any personal guards and will not socialise with guests.

Chandrashekar was arrested in 2017 by the police. He is accused in 20 cases and has secured bail in 17 of them and is in custody in the remaining three cases.

A charge sheet was filed by the police before the trial court in the case on July 14, 2017, alleging that Dhinakaran and Chandrashekar had conspired to bribe EC officials to get the 'two leaves' symbol for their party.

The police have also included in the charge sheet allegations of forgery for the purpose of cheating, using forged documents as genuine, possessing a forged document, intending to use it as genuine and criminal conspiracy.

Chandrashekar was arrested for allegedly taking money from Dhinakaran to bribe EC officials to get the AIADMK 'two leaves' symbol for the Sasikala faction in a by-election to the R K Nagar Assembly seat in Tamil Nadu.

Dhinakaran, also charge sheeted by the police, was arrested on April 25, 2018 after four days of questioning for allegedly attempting to bribe EC officials for the symbol.

The bypoll was necessitated by the death of Tamil Nadu CM Jayalalithaa, who represented the assembly segment.

The EC had frozen the AIADMK's symbol after the two factions-one led by Dhinakaran's aunt Sasikala and the other by former chief minister O Panneerselvam-staked a claim to it.