Kanimozhi's bail rejection: Key points from court's order
New Delh, May 20 (IANS) DMK chief M.Karunanidhi's daughter Kanimozhi and Kalaignar TV chief Sharad Kumar were taken into custody Friday after their bail applications were dismissed by a special Central Bureau of Investigation court here. Following are key points from the court's order:
-- The allegations against Kanimozhi are that Dynamix Realty, which is partnership firm of Dynamix Balwa group companies, which also owns Swan Telecom Pvt. Ltd., paid Rs.200 crore as illegal gratification to Kalaignar TV Pvt Ltd., which is also controlled by affiliates of Dravida Munnetra Kazhagam to which accused A. Raja belongs, and such fund transfer was facilitated by Karim Morani, Sharad Kumar and Kanimozhi through their companies Kusegaon Fruits and Vegetables Pvt. Ltd and Cineyug Films Pvt. Ltd.
-- It is further alleged that Kanimozhi along with other promoters, incorporated Kalaignar TV Pvt. Ltd. after they left Sun Tv network.
-- Kanimozhi has also been in regular touch with Raja regarding launching of Kalaignar TV channel and other pending works of Kalaignar TV.
-- Kanimozhi was also an initial director of the company and resigned only for the reason that her clearance from ministry of home affairs was pending and could take time and delay the matter of launching the Kalaignar TV channels.
-- Accused Raja was further pursuing the cause of Kalaignar TV Pvt Ltd. not only for getting registration of the company from the ministry of information and broadcasting but also for getting it in TataSky bouquet.
-- Kanimozhi holds 20 percent stake in Kalaignar TV and she was an active brain behind its operation.
-- Kanimozhi actively pursued with the intermediaries and DMK headquarters the matter regarding reappointment of accused Raja as minister of communication and information technology in 2009, which clearly establishes the strong association of accused Kanimozhi and accused Raja in official and political matters.
-- Considering the magnitude of the crime, nature and enormity of the allegation, character of evidence on record and the apprehension that the witness may be influenced in case the accused are released on bail, I have no hesitation in holding that both accused have failed to make out prima facie case for bail. Bail applications are without merit and the same are dismissed.
-- The allegation in the instant case are that parties were in conspiracy with each other and in the conspiracy, each party is considered agent of the other and one cannot perform his act or role without the support from other.