New Delhi: Taking strict measures, a Delhi court on Monday dismissed the anticipatory bail plea of Cineyug Films Director Karim Morani who was accused in the 2G spectrum allocation case.

However, Delhi High Court dismissed the bail pleas of five corporate executives, including Unitech group MD Sanjay Chandra and Group MD of Reliance ADAG Gautam Doshi, in the 2G scam.

DMK MP Kanimozhi along with Kalaignar TV MD Sharad Kumar on Monday moved the Delhi High Court challenging the trial court's order.

Special CBI Judge O P Saini dismissed Morani's plea seeking anticipatory bail on health grounds, saying his medical condition is "normal and stable". The court has now directed Morani to appear before it on Tuesday.

"In view of the health condition of the accused (Morani) being normal and stable, I am satisfied that no case for anticipatory bail on medical ground is made out. The application is without merit and the same is dismissed," the court said.

Senior advocate Siddharth Luthra, appearing for Morani had submitted before the court that the medical condition of Morani is not such that he should be placed under custody as he may not be able to bear the stressful environment of being placed in custody.

"I may also add that in case of need, proper medical facilities are available in Tihar Jail itself and if an undertrial/prisoner requires any further treatment, he is immediately taken to RML hospital or AIIMS, as per the requirement of the situation...

"So proper medical facilities are available to all prisoners in case of necessity and this ground cannot be pressed now when as good facilities as are available outside are available to an undertrial in the jail itself," the court said.

CBI, in its second charge sheet in 2G case, had alleged that Swan Telecom and Dynamix Realty Promoters Shahid Usman Balwa and Vinod Goenka channeled Rs 200 crore to DMK
family-run Kalaignar TV, through Kusegaon Fruits and Vegetables Pvt Ltd and Morani's Cineyug Films Pvt Ltd.

DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar, accused in the 2G scam, are already in judicial custody after the court denied them bail and Morani was just like a 'chaiwala' (tea vendor) who hops on to the train and hops off after carrying out his work without any idea of where the train is going and has nothing to do with it.

Countering the submissions, Special public prosecutor U U Lalit had said that these are not innocent transactions of a 'chaiwala' who hops on to a train.

He had argued that Morani was handling the finances of Cineyug when the "illegal gratification" of Rs 200 crore was routed to Kalaignar TV through it.

Submitting that these were back-to-back transactions which by no means were a commercial act on the part of Cineyug, Lalit had said that on December 24, 2009, Rs 10 crore moved from Kusegaon Fruits to Cineyug to Kalaignar. Likewise, Rs 100 crore reached KTV on July 15, 2009.

Lalit had said that on merit, the man (Morani), who was a conduit, is not entitled to anything. Luthra had submitted a verification report of Morani's medical records issued by the JJ Hospital in Mumbai in pursuant to the court's earlier direction.

The Department of Cardiology and Neurology of JJ Hospital report stated that his vitals were normal and he was advised to undergo follow-up checks as an outpatient.

The CBI had not opposed his plea on medical grounds but refuted his arguments that the money moved by him into Kalaignar TV was a purely commercial transaction and that he
did not know that the same was meant for nefarious designs.

Kanimozhi seeks bail in Delhi HC


DMK MP Kanimozhi along with Kalaignar TV MD Sharad Kumar on Monday moved the Delhi High Court challenging the trial court's order.

CBI Special Judge O P Saini had rejected Kanimozhi and Kumar's bail pleas on May 20 and ordered their "forthwith" arrest. They are currently lodged in Tihar Jail.

The CBI had named 43-year-old Kanimozhi and Kumar as accused in the second chargesheet filed on April 25 in the 2G scam. It had indicted Kanimozhi for taking a bribe to the tune of Rs 200 crore, which was routed to Kalaignar TV, in which she has 20 per cent stake.

Senior counsel Ram Jethmalani, appearing for Kanimozhi in the special court, had sought her release on the ground that she is a woman.

"Even in the cases of grievous nature like murder, an accused may be released on bail solely on the ground that she is a woman," Jethmalani had argued.

The special CBI court, however, refused to accept the submissions and had said that in a case of such enormity, gender cannot be a ground for bail.

"Sex is one of the grounds which may be considered at the time of grant of bail. However, considering the magnitude of the crime and the allegations against her, I am unable to show any consideration to her on this ground," it had said.

However, the "dignified" conduct of Kanimozhi during court proceedings had earned her some special praise from the special court.

"I wish, I could show her some consideration, considering her extremely dignified conduct in the court," the CBI Judge had said.

Meanwhile, DMK patriarch M Karunanidhi on Monday arrived in the capital to meet his daughter Kanimozhi, who is in jail in connection with the 2G Spectrum case.

He may also meet former Telecom Minister A Raja and Kalaignar TV MD Sharad Kumar, who are also lodged in the jail.

Five corporate honchos denied bail

Delhi High Court also dismissed the bail pleas of five corporate executives, including Unitech group MD Sanjay Chandra and Group MD of Reliance ADAG Gautam Doshi, in the 2G scam.

The other corporate accused whose bail plea were rejected included D B Realty promoter Vinod Goenka and Reliance officials Hari Nair and Surendra Pipara, who are in jail since April 20.

"All the five bail applications are baseless," Justice Ajit Bharihoke said in his terse oral order. The judge did not read out the operative portions of his order.

JPN/Agencies