Chennai: “While protection of individual liberty is a duty of the court, it should be weighed against society’s need for a corruption-free govt administration,” Madras high court said while refusing anticipatory bail to former school education minister Anbil Mahesh on Monday.“This court is of the view that if anticipatory bail is granted in this case, it would paralyse the investigation. The records show that 177 victims have so far come forward to record their statements,” said Justice V Lakshminarayanan.The ex-minister had apprehended arrest in connection with the ₹100 crore private schools recognition cheating case.“The petitioner is a politician holding a high position. If AB is granted before the A2 (Muthukumar, a former DMK MLA who is absconding) is apprehended, then it would become a tool for Muthukumar to avoid the process of the investigation,” the court added. “Also, prima facie, the records reveal that the absconding accused (A2 has been shielded by the petitioner,” it said.“… Anbil Mahesh faces accusations of having received monies under the name and style of the party fund. As to who is the final destination of this alleged party fund cannot be unearthed unless and until the petitioner is interrogated,” the judge said.Dismissing the contention of senior advocate P Wilson, who represented Anbil Mahesh, that the probe ought to be done only by DVAC, as it is the specialised force in matters of corruption, the judge said, “I am not in a position to agree with the submission, for a simple reason that there is a division of work in the police force among its several departments.““It is not as if DVAC alone possesses the exclusive jurisdiction to investigate matters relating to corruption,” the court said. “As to who should investigate is a matter which is exclusively within the jurisdiction of the police. Unless and until there is an inherent lack of jurisdiction, this court will not interfere as to who takes up the matter for investigation.”
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