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TMI Blog2023 (9) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... ai, Chennai. 2. The brief facts which are required to be noticed for the disposal of this petition are as follows. That the petitioner is a sitting MLA, against whom ECIR No.MDSZO/21/2021 taking the allegation in C.C.No.19/2021, C.C.No.24/2021, C.C.No.25/2021 on the file of Additional Special Court for Trial of Cases against MP/MLA as predicate offence has been registered by the prosecution and a complaint was lodged under Section 44(1)(b) and 45(1) read with Section 3 and 4 of Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'PMLA Act') on 12.08.2023. 3. It is the case of the petitioner that, on 14.06.2023 he was arrested relating to the said case and during his judicial custody, as he had to undergo a major surgery, that surgery also he had undergone on 21.06.2023. Thereafter, on recovery from his illness, as per the request of the respondent Enforcement Directorate, police custody was given between 07.08.2023 and 12.08.2023 ie., for six days, and he had been under the custody of the respondent. Thereafter, final report insofar as this petitioner is concerned had been filed by the respondent on 12.08.2023. 4. Therefore, it is the further case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n may be presented before the Special Court-I for the Trial of Cases relating to Sessions Judge, Special Court No.I for Trial of Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu. Hence, returned." and that Court also returned the bail petition. 10. Immediately the returned papers, according to the learned Senior Counsel for the petitioner, has been re-presented once again before the Special Court for Trial of Cases against MLAs and MPs, which Court did not accept the papers and orally returned the same. 11. In view of this stand taken by the Principal Judge, Chennai as well as the Special Judge to try cases against MLAs and MPs, the petitioner could not move his bail application. That only triggered him to approach this Court by filing the present original petition. 12. In this context, Mr.N.R.Elango, learned Senior Counsel appearing for the petitioner as well as Mr.N.Ramesh, learned Special Public Prosecutor for the respondent ie., Enforcement Directorate have submitted that, insofar as the jurisdiction of the Court by which this bail application has to be entertained is concerned, neither the petitioner's side nor the respondent' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment, in consultation with the Chief Justice of the High Court, shall, for trial of offence punishable under Section 4, by notification, designate one or more Courts of Session as Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification. Explanation : In this sub-section, "High Court" means the High Court of the State in which a Sessions Court designated as Special Court was functioning immediately before such designation. (2) While trying an offence under this Act, a Special Court shall also try an offence, other than an offence referred to in sub- section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial." 20. Under Section 43(1), it is for the Central Government in consultation with the Chief Justice of the High Court, for trial of offence punishable under Section 4, by notification, designate one or more Courts of Session as Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification. 21. In exercise of the powers under Section 43(1), the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Judge, Chennai, XIII Additional City Civil and Sessions Judge, Chennai, XIV Additional City Civil and Sessions Judge, Chennai. Like that, in respect of areas in some other Districts, the Principal District Judge, Madurai and II Additional District and Sessions Judge, Madurai have been designated as Special Courts. 25. Insofar as the final report that has been filed by the respondent against the petitioner dated 12.08.2023 is concerned, it is an offence punishable under Section 4 of the PMLA Act. Section 4 makes it clear that whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. 26. It has been the specific case of the respondent that, the offence allegedly committed by the petitioner is to be punished under Section 4 of the PMLA Act, based on which only the final report dated 12.08.2023 has been filed. 27. Therefore, whatever the offence that has been alleged against anyone, which is punishable under Section 4 of the PMLA Act, that has to be tried only by Special Courts designated under Section 43(1) of the PMLA Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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