Sukesh Chandrasekhar gets bail in bribery case, but will remain in jail

A Delhi court on Friday granted bail to Sukesh Chandrasekhar in a bribery case related to the AIADMK's "two leaves" election symbol, noting that he had already served a period of detention exceeding the maximum jail term prescribed for the offence he was accused of committing.

However, Sukesh will remain in custody due to his involvement in other ongoing cases.

He has been accused of serving as a mediator for AIADMK leader TTV Dhinakaran in an attempt to bribe an Election Commission of India (ECI) official. The alleged bribe was intended to secure the party's "two leaves" symbol for the faction led by VK Sasikala.

The prosecution has claimed that Rs 1.3 crore in cash was recovered from the accused, which was allegedly intended to be used to exert undue influence over the poll panel in securing a favourable election symbol for the Sasikala faction of the AIADMK.

Announcing the verdict, the judge said Chandrasekhar's detention beyond seven years "entails his mandatory release".

"The accused has admittedly suffered detention beyond the maximum period of imprisonment and his release was not constrained by the law," the judge noted.

The judge also pointed out that the judicial interpretation of law "must necessarily be bulwark against a police state".

The judge emphasised that the principle of "bail and not jail" should be upheld when interpreting bail-related legal provisions, as reiterated by the apex court in its commitment to the value of liberty.

Meanwhile, the prosecution contested Chandrasekhar's bail request, arguing that the seriousness of the charges warranted denial. It also said that the prolonged delay in the trial and Chandrasekhar's extended detention were a result of his own actions, as he challenged the charge order and subsequent proceedings in the high court.