Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K.N. Anand Kumar S/o T. D. Nandappan Pillai – Appellant
Versus
State Of Kerala – Respondent
Based on the provided legal document, the court's decision centers on the issue of whether the petitioner is entitled to bail on the grounds of alleged sickness. The court emphasizes that bail cannot be granted solely based on claims of sickness without proper medical verification and assessment of the medical facilities available within the jail.
The court notes that the jail facilities are adequately equipped to provide necessary treatment, and a medical report from the jail's medical officer is essential before considering bail on medical grounds (!) (!) (!) (!) . The court also highlights that the first proviso to Section 480(1) of the relevant act allows for the release of a person if they are sick, but this requires a medical report confirming that the treatment cannot be effectively provided in jail (!) (!) .
In this case, the petitioner’s medical condition was evaluated, and it was found that the medical facilities in jail are sufficient for his treatment. Therefore, the court concluded that the petitioner is not entitled to bail solely based on sickness (!) (!) .
Furthermore, the court stresses that the procedures for assessing medical conditions of prisoners are well-established, and the court must rely on medical reports from jail authorities rather than informal claims or private medical opinions (!) (!) (!) .
Additionally, the court considers the seriousness of the allegations against the petitioner, his involvement in multiple cases, and the necessity of custodial interrogation, which weigh against granting bail at this stage (!) (!) .
Ultimately, the court dismissed the bail application, ruling that the petitioner is not entitled to bail based solely on his medical condition, given the adequacy of jail medical facilities and the procedural safeguards in place (!) .
In summary, the key points are: - Bail cannot be granted merely on the basis of alleged sickness without proper medical verification (!) (!) . - Adequate medical facilities in jail negate the need for outside treatment, unless a formal medical report indicates otherwise (!) (!) . - The petitioner’s involvement in multiple serious cases and the necessity of custodial interrogation weigh against bail (!) (!) . - The court’s decision aligns with established procedural principles that prioritize medical reports from jail authorities and consider the nature of the illness and available treatment facilities (!) (!) .
The court dismissed the bail application accordingly.
ORDER :
The important point to be decided in this case is about the jurisdiction of a court to release a person on bail based on his/her sickness, in the light of the first proviso to Sec. 480(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'). Nowadays, there is a general belief in society that, if a person is arrested in connection with a case, that person can easily get bail, without even seeing the doors of jail, if he has a ‘sickness’, even if it is pretended. Whether a person have the right to get bail even in serious cases based on sickness? I will discuss the matter in detail in this order. No one should think that they can escape the doors of prison by pretending to be sick, when they are involved in serious cases with serious allegations. I am of the considered opinion that, if there is genuine sickness to them, they deserve treatment only through the jail doctor, and not by sleeping in a luxury room in a luxury hospital. The jail doctor can decide whether an expert treatment is necessary or not. They should taste the food inside the jail and not the homemade food that comes in a parcel box from their homes. There are facilities in our jail to treat any sort
Bail cannot be granted solely on the basis of alleged sickness; adequate medical facilities in jail must be considered, and the court must assess the necessity for treatment outside jail.
The court interpreted the proviso to section 45(1) of the PMLA and determined the eligibility for bail based on the Applicant's medical condition, distinguishing between being 'sick' and 'infirm'. Th....
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and significant delays in trials can justify granting bail.
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
The discretion to grant bail lies with the judge, considering the severity of the offence, the presumption of innocence, and the right to speedy trial. Humane treatment of prisoners with ailments is ....
(1) Bail – Basic human rights cannot be denied to a person even though he remains confined in jail as per procedure established by law – Statutory restrictions like one found in Section 43D(5) of UAP....
Bail on medical and humanitarian grounds – Merely because a person is an undertrial or even a convict, lodged in jail, this facet of right to life cannot be curtailed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
