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The 43-year-old DMK Chief M Karunanidhi`s daughter, who has been in jail for the last five months since her arrest on May 20, said charges against her have now been framed and as per the order of the Supreme Court, she can approach the special court afresh for bail.
Senior advocate Altaf Ahmed told Special CBI Judge O P Saini that as per the June 22 order of the apex court, both Kanimozhi and Kalaignar TV MD Sharad Kumar could approach the special court seeking bail after framing of charges.
"As per the Supreme Court order on June 22 in the case of Kanimozhi and Sharad Kumar, liberty was given to them to file fresh application for bail before the special court after framing of charges," Ahmed said.
The counsel said as a result of this it is now a fit case for bail.
She had earlier also pleaded for bail but was refused by the trial court, Delhi High Court as well as the Supreme Court. The apex court, while rejecting her bail, had said that she could move afresh for the bail after charges are framed against her and other accused in the 2G scam.
Invoking the special provision of bail to woman accused, the counsel said being a woman Kanimozhi should be released on bail. Pressing for bail Ahmed submitted that court could impose any condition to ensure that Kanimozhi does not flee from justice and remain present before the court as and when required.
He said the accused should be released on bail as the trial in the case will take time since it involves 154 witnesses, 17 accused and 790 documents running into more than one lakh pages.
Besides Kanimozhi and Kumar, Swan Telecom promotor Shahid Usman Balwa, directors of Kusegaon Fruits and Vegetables Pvt Ltd -- Asif Balwa and Rajeev Agarwal, former Telecom Minister A Raja`s ex-private secretary R K Chandolia and Bollywood producer Karim Morani, have also sought bail.
Kanimozhi, along with other 16 accused including Raja, has been charged for offences under Sections 120-B (criminal conspiracy) read with 409 (criminal breach of trust), 420 (cheating) 468 and 471 (forgery) of the Indian Penal Code and Section 7 or in alternative Section 11 read with Section 12 and 13(2) read with 13 (1b) of the Prevention of Corruption Act. The charge of criminal breach of trust carries a maixmum punishment of life imprisonment.
