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Ankit Tiwari Granted Interim Bail by Supreme Court on March 20

Supreme Court Grants Interim Bail to ED Officer Ankit Tiwari

On Wednesday, March 20, the Supreme Court granted interim bail to Ankit Tiwari, an Enforcement Directorate (ED) officer who had been arrested by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) in December. Tiwari’s second bail plea was dismissed by the Madras High Court recently, prompting him to approach the apex court. The Madras High Court’s decision raised questions about its jurisdiction to decide Tiwari’s case on its merits.

A bench comprising Justices Surya Kant and KV Viswanathan had been hearing Tiwari’s special leave petition challenging the Madras High Court’s order denying him regular bail. Following the rejection of his second bail application, Tiwari filed an application within the ongoing case and a separate special leave petition.

Responding to Tiwari’s latest pleas, the Supreme Court granted him interim bail, subject to strict conditions. He must provide bail bonds to the trial court and comply with its directives. Additionally, the Supreme Court imposed further conditions, including refraining from contacting or influencing witnesses, tampering with evidence, leaving Tamil Nadu without court permission, and surrendering his passport to the chief judicial magistrate.

The decision to grant bail came after Tamil Nadu’s Additional Advocate General, Amit Anand Tiwari, and Senior Advocate Kapil Sibal, representing the state, expressed no objection to Tiwari’s release. Advocate Shivam Singh represented Tiwari.

In another development, the bench postponed the hearing of a separate plea filed by the Enforcement Directorate until April 18. This plea seeks to transfer the probe into bribery allegations against Tiwari from the Tamil Nadu DVAC to the Central Bureau of Investigation (CBI). The Enforcement Directorate has alleged non-cooperation from the state government, claiming obstacles in accessing FIRs and essential materials needed under the Prevention of Money Laundering Act.

During previous hearings, the Supreme Court deliberated on establishing nationwide guidelines to ensure fair and transparent investigations involving the Enforcement Directorate and state government officials, cautioning against vindictive arrests and malicious witch hunts.

Case Details:

  1. Ankit Tiwari v. Inspector of Police | Special Leave Petition (Criminal) No. 3342-3343 of 2024
  2. Directorate of Enforcement v. State of Tamil Nadu | Writ Petition (Criminal) No. 23 of 2024

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