The Hindu : Tamil Nadu News : Mohamed Ali, two others released on conditional bail

Online edition of India's National Newspaper
Friday, Oct 01, 2004

Tamil Nadu

Tamil Nadu

Mohamed Ali, two others released on conditional bail

By Our Special Correspondent

The DIG, A.P. Mohamed Ali, who got bail in a stamp paper case, coming out of the Central jail in Chennai on Thursday. — Photo: N. Balaji

CHENNAI, SEPT. 30. Three persons, including a Deputy Inspector-General of Police (DIG), arrested by the Central Bureau of Investigation (CBI) in connection with the "fake stamp paper scam" case, were on Thursday released on bail.

Earlier, the Additional Chief Metropolitan Magistrate, Egmore, D. Arulraj, ordered the conditional release of A.P. Mohamed Ali, DIG; S. Sankar, Deputy Superintendent (DSP), and R. Sadhu, an officer of the Life Insurance Corporation (LIC), on their bail petitions.

The court ordered that the three be released on their executing a bond for Rs. 25,000 with two sureties each for a like sum. Accordingly, the sureties were furnished. The three came out of the prison around 5.15 p.m.

The accused should remain in Bangalore and report before the CBI's Anti-Corruption Branch there at 10 a.m. until further orders.

The condition should be complied with from October 3; they should surrender their passports, should not leave the country without the court's permission and should not tamper with witnesses and interfere with the investigation.

Following a request by defence that the accused be allowed to remain in Chennai with their families for at least three days and as the CBI did not raise any objection, the court permitted the them to remain in Chennai for two days.

In their applications, the petitioners submitted that they were arrested on July 1 and remanded on July 2.

Yesterday, the 90-day period for filing the charge sheet elapsed and hence they were entitled to bail.

The Additional CMM said the investigating agency did not file the final report so far, and 90 days expired from the date of arrest and remand (for the purpose of filing a charge sheet). It was a settled law that merits of the case should not be examined when the court was dealing with petitions filed under Section 167(2) Cr.PC. Having regard to the nature of the offence, the court was inclined to release the accused on bail, Mr. Arulraj said.

Probe completed

Earlier, the CBI Public Prosecutor (PP), Jacob Daniel, told the court that though the central agency completed the entire investigation, for certain circumstances beyond its control and unavoidable reasons it could not file the charge sheet within 90 days.

He submitted that the CBI could not get vital documents from the State Government.

Investigation revealed there was a prima facie case for an offence under Section 13(1)(d) punishable under Section 13(2) of the Prevention of Corruption Act.

Hence, if these provisions were included in the charge sheet, the case would have to be tried only by the Special Court.

The PP said sanction was needed from appropriate authorities for prosecuting the three accused before the charge sheet was filed.

Over 200 witnesses

Further, the Supreme Court had said the investigating agency should not stop with the available material and probe further.

The charge sheet would be filed soon after the documents and sanction for prosecution were obtained.

Later, prosecution sources told The Hindu the CBI examined more than 200 witnesses in the case.

There appeared to be some delay by the State Government in handing over certain documents vital to the case. Only after the documents were received and the sanction obtained, including the Union Government sanction in the case of the DIG, for prosecuting the officials, could the charge sheet be filed.

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