Madras HC denies anticipatory bail to Anbil Mahesh in Rs 100-cr ‘school scam’ case

The Madras High Court on Monday (October 26) dismissed the anticipatory bail plea of former Tamil Nadu school education minister Anbil Mahesh Poyyamozhi in connection with an alleged Rs 100-crore corruption case involving the grant of recognition and other clearances to private schools.

Justice V Lakshminarayanan dismissed the plea filed by the DMK leader. A detailed copy of the order is awaited. The case, registered by the Central Crime Branch (CCB) of the Greater Chennai Police, relates to allegations that money was collected from private school managements on the promise of securing NOCs, licences, recognition and renewals, which were not fulfilled.

The case

The FIR was initially registered on the basis of a complaint by the former General Secretary of the Tamil Nadu Private Schools Association against the Association’s President, BT Arasukumar, and other office-bearers.

The case was first booked under Sections 316(5) and 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS). The prosecution later filed an alteration report before the Metropolitan Magistrate to add offences under Sections 7 and 12 of the Prevention of Corruption Act and to array Anbil Mahesh as an accused.

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In his plea, the former minister contended that there was no record of illegal gratification received by him and that no overt act had been attributed to him. He argued that certain persons had collected money from private schools using his name, and that the complaint appeared to stem from differences that arose after the change in government. He had also earlier approached the high court seeking to quash the FIR against him.

‘Financial terrorism’

During earlier hearings, the prosecution had strongly opposed anticipatory bail, describing the allegations as serious and involving what it termed “financial terrorism”, with claims that the amount involved could be substantially higher. It had argued that custodial interrogation was necessary. The court had previously reserved its orders after hearing arguments.

The denial of anticipatory bail marks a significant setback for Anbil Mahesh in the case, which has been under investigation by the CCB. The former minister had claimed he had cooperated with the probe, including appearing for questioning and partially furnishing income-tax returns sought by the investigating agency.

Quash petition

In another quash petition before the Madras High Court, Anbil Mahesh’s counsel argued that the FIR under the Prevention of Corruption Act was invalid because the mandatory prior approval under Section 17A had been obtained only from the Secretary to the Government and not from the Tamil Nadu Governor, who, as the authority competent to remove a minister, was the proper authority to grant such sanction.

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The CCB and the prosecution countered that the Governor’s approval was not required based on the facts of the case, that Section 17A(b) (and not 17A(c)) applied, and that the approval secured from the state government on September 7 was sufficient and valid before the charges were added and the investigation against him commenced.

During the hearing, Justice V Lakshminarayanan also pointed out the apparent contradiction, recalling that the DMK had earlier described the Governor’s post as unnecessary and compared it to a “goat’s beard” while questioning why the party was now insisting on the Governor’s nod. The court posted the matter for hearing on October 29.