DAYANIDHI MARAN Vs. STATE

JUDGEMENT

(1.) Apprehending of being arrested on the accusations set out in FIR No. RC.DST/2013/A0019/CBI/STF/DLT on the file of the Deputy Superintendent of Police, CBI, STF, New Delhi, (hereinafter referred to 'the respondent) for the offences punishable under Sections 120-B r/w 409, 420 IPC and Sections 13(2) r/w 13(1)(c) and 13(1)(d) of Prevention of Corruption Act, 1988, one Thiru Dayanidhi Maran, former Union Minister for Communication and Information Technology (MOCIT) (herein after referred to 'the petitioner'), has come forward with a petition in Crl. O.P. No. 16152 of 2015, invoking Section 438 Cr.P.C., for grant of anticipatory bail. Having considered the facts and circumstances of the case and the submissions made on either side and also taking note of the fact that the FIR has been registered and most of the witnesses have been examined, this Court, by order, dated 30.06.2015 has granted interim anticipatory bail with certain conditions, which reads as under:

(2.) Aggrieved against the grant of interim anticipatory bail, the respondent/CBI has come forward with a petition in Crl. O.P. No. 18493 of 2015 under Sections 439(2) and 482 Cr.P.C., seeking for cancellation of interim bail granted by this Court.

(3.) An FIR in No. RC.DST/2013/A0019/CBI/STF/DLT has been registered on the file of the Deputy Superintendent of Police, CBI, STF, New Delhi, the respondent herein, for the alleged offences under Sections 120-B r/w 409, 420 IPC and Sections 13(2) r/w 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988 against the three persons, viz., Thiru Dayanidhi Maran (A1/the petitioner herein), who was the then Union Minister for Communication and Information Technology (MOCIT), Government of India, Thiru K.B. Brahamdathan (A2), who was the then Chief General Manager, Chennai Telephones, Chennai during the period 2004-06 and Thiru M.P. Velusamy (A3), who was the then Chief General Manager, BSNL, Chennai during the period 2006-07. The sum and substance of the prosecution case is that the petitioner, while he was a Union Minister, during the period 2004-2007, by abusing his official position and in collusion with the officials of BSNL, Chennai, viz., A2 and A3 and other unknown officials and in furtherance of conspiracy with dishonest intention, got installed more than 300 telephone connections with ISDN-PRA and ISDN-BRA, Lease Circuit facilities, 19 post paid mobile connections etc., in his residence in the name of the accused Government servants to show these connections illegally under 'service category', thereby no payment was made for the installation and rentals. Further, by not generating any users bill during the said period, misappropriated huge amount which was to be paid to the Government, thereby caused huge wrongful loss to the Government, to the tune of Rs. 1,20,87,769/- and the corresponding gain to himself and others.