Special CBI judge O P Saini also noted in his order that the accused have given an explanation regarding the transfer of Rs 200 crore to DMK-run Kalaignar TV from DB group company, which according to the Enforcement Directorate (ED) was a bribe paid in return of grant of 2G licences to Swan Telecom Pvt Ltd.
"In the end, I find that guilt of accused, as reflected from the material on record and viewed in the light of their explanation, does not stand in the way of grant of bail to them, subject to the caveat that it is not a finding of guilt or innocence," the court said in its 164-page order granting bail to the nine accused.
While granting bail to 83-year-old Dayalu, the judge said, "I am satisfied that she (Dayalu) is a woman, aged and infirm, suffering from various age related diseases and as such presently unable to make an appearance in court despite being desirous of it, which is indicated by the presence of battery of lawyers on her behalf."
The court, however, did not accept the contentions of her lawyer that she should be discharged in the case as she was of "unsound mind" and suffering from various ailments, including Alzheimer.
"Every age-related problem does not constitute unsoundness of mind, though it may be of some severe nature," the court said in its separate 31-page order.
