HC refuses to interfere with search warrant against ex-minister Senthil Balaji
TNN | Feb 6, 2020, 04.42 AM IST
Chennai: In a setback to former transport minister Senthil Balaji, the Madras high court on Wednesday refused any relief against a warrant issued by a magistrate for central crime branch (CCB) to search his residence.
Justice P D Audikesavalu, refusing to entertain an urgent mention made by the ex-minister’s counsel, said such relief could not be sought in an anticipatory bail application. “If you are aggrieved by the warrant issued by the magistrate, you have to challenge the order through a separate petition. Such relief cannot be ordered in a bail application,” the judge said.
The issue pertains to a complaint lodged against the former minister with the CCB alleging that when he was transport minister he duped people of Rs 2.31 crore along with his associates promising jobs in the state transport corporation. In connection with the complaint, CCB conducted raids at the residence and other premises of Balaji. Therefore, apprehending arrest, Balaji moved the anticipatory bail application. Admitting the application and as an interim relief, Justice Audikesavalu orally instructed the CCB not to harass Balaji.
On Wednesday, when the court commenced proceedings post lunch, advocate A Saravanan made a mention before Justice Audikesavalu saying police are taking coercive steps by affixing search notice in his residence, directing him to appear before the investigating officer on February 6 and to open the lock of his Chennai residence. Even after the high court ordered authorities not to take any coercive steps against the DMK MLA, police are not obeying the direction, he complained. Public prosecutor A Natarajan, however, submitted that CCB had obtained appropriate order from the jurisdictional magistrate to conduct the search.
TNN | Feb 6, 2020, 04.42 AM IST
Chennai: In a setback to former transport minister Senthil Balaji, the Madras high court on Wednesday refused any relief against a warrant issued by a magistrate for central crime branch (CCB) to search his residence.
Justice P D Audikesavalu, refusing to entertain an urgent mention made by the ex-minister’s counsel, said such relief could not be sought in an anticipatory bail application. “If you are aggrieved by the warrant issued by the magistrate, you have to challenge the order through a separate petition. Such relief cannot be ordered in a bail application,” the judge said.
The issue pertains to a complaint lodged against the former minister with the CCB alleging that when he was transport minister he duped people of Rs 2.31 crore along with his associates promising jobs in the state transport corporation. In connection with the complaint, CCB conducted raids at the residence and other premises of Balaji. Therefore, apprehending arrest, Balaji moved the anticipatory bail application. Admitting the application and as an interim relief, Justice Audikesavalu orally instructed the CCB not to harass Balaji.
On Wednesday, when the court commenced proceedings post lunch, advocate A Saravanan made a mention before Justice Audikesavalu saying police are taking coercive steps by affixing search notice in his residence, directing him to appear before the investigating officer on February 6 and to open the lock of his Chennai residence. Even after the high court ordered authorities not to take any coercive steps against the DMK MLA, police are not obeying the direction, he complained. Public prosecutor A Natarajan, however, submitted that CCB had obtained appropriate order from the jurisdictional magistrate to conduct the search.
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