Former Tamil Nadu Minister V. Senthil Balaji and his brother Ashok Kumar have written to the Triplicane Police Station in Chennai, categorically denying that they have absconded or attempted to evade legal proceedings, while simultaneously challenging the procedural basis on which they were asked to present themselves for questioning. The letter, dated 15 July, comes amid an investigation into alleged conspiracy to destabilise the previous Dravida Munnetra Kazhagam (DMK) government.

Background: Anticipatory Bail and the Missed Appearance

The Madras High Court had earlier granted the brothers anticipatory bail, subject to the condition that they report before the Triplicane Police Station and cooperate with the ongoing investigation. However, both Senthil Balaji and Ashok Kumar did not appear before the police as directed, triggering the current standoff.

Notably, their non-appearance is not a straightforward defiance — the brothers have articulated a legal argument to justify their position, setting up what could become a significant procedural dispute.

The Legal Argument: No Name in FIR, No Compulsion to Appear

In their communication to the police, the brothers argued that their names do not appear as accused in the First Information Report (FIR). On this basis, they contended that they cannot be compelled to present themselves for questioning without a formal notice issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

This is a pointed procedural challenge. The BNSS, which replaced the Code of Criminal Procedure (CrPC), lays down specific conditions under which witnesses and persons of interest — as distinct from named accused — can be summoned. The brothers are effectively invoking that distinction to insist on statutory due process before any appearance.

Conditions Sought Before Cooperation

Beyond the procedural challenge, the brothers have also set out specific safeguards they want guaranteed before they appear before investigators. They have requested that their appearance in connection with the current investigation not be used as a pretext to detain or arrest them in any unrelated case.

They have further sought assurance that adequate medical facilities would be made available to them during the course of the inquiry, if required. Senthil Balaji also underscored that as an elected public representative and the head of multiple business establishments, he has no reason or motivation to evade the law.

Police Response and Next Steps

According to reports, the Triplicane Police are currently examining the contents of the letter and consulting on the appropriate course of action. Investigators are expected to obtain a legal opinion on the issues raised — particularly the brothers' contention regarding their absence from the FIR and their demand for a statutory notice under the BNSS.

This is the latest development in a case that has drawn attention to the intersection of political rivalry and criminal procedure in Tamil Nadu. How the police and, potentially, the courts respond to the brothers' procedural challenge could set a precedent for how the BNSS provisions are applied in politically sensitive investigations.