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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
K.N. Anand Kumar, S/o. T.D. Nandappan Pillai - Petitioner
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala & Ors. - Respondents
Bail Appl. Nos.3680 & 3713 of 2025
Decided On : 09-04-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 480(1) - Jurisdiction of court to grant bail based on sickness - The court emphasized that bail cannot be granted merely on the grounds of alleged sickness, especially in serious cases, and that medical treatment should be provided within jail facilities. The court noted that the petitioner, involved in a significant financial scam, had no direct involvement in the alleged offences, and the claims of sickness were not sufficient to warrant bail. (Paras 1 , 14 , 26 )
(B) Bail Applications - The court reiterated that the mere claim of sickness does not entitle an accused to bail, especially when adequate medical facilities are available in jail. The court must assess the nature of the sickness and the necessity for treatment outside jail. (Paras 14 , 26 )
Facts of the case:
The petitioner, involved in two serious financial crime cases, sought bail citing health issues, but the court found no justification for release based on the first proviso to Section 480(1) of BNSS.
Findings of Court:
The court determined that the petitioner was not entitled to bail as the medical facilities in jail were adequate for his treatment, and the claims of sickness were not substantiated.
Issues: The main issues were whether the petitioner could be released on bail due to alleged sickness and the adequacy of medical treatment available in jail.
Ratio Decidendi: The court ruled that bail cannot be granted solely based on claims of sickness without a medical report confirming the inadequacy of jail facilities, emphasizing the need for judicial scrutiny in such matters.
Result: Bail application dismissed.
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 of illness. If there is any casualty, expert treatment also can be given, based on the recommendation of jail doctors. No one can overtake the same and go directly to a hospital after being remanded by a court (except in exceptional cases) because there are reasonable restrictions to some of the rights of a prisoner/under-trial prisoner when he/she is in jail. This court can take judicial notice of some of such instances. This Court denied anticipatory bail recently to a politician namely, PC George as per order dated 21.02.2025 in BA No. 1874/2025 (P.C. George v. State of Kerala, 2025 KHC Online 223). Immediately after rejecting bail, he surrendered before the police and it seems that he developed some physical ailments and the jurisdictional court was forced to send him to hospital instead of jail. Subsequently, he was released by the learned Magistrate without even seeing the doors of the jail. After his release, his son openly stated in the media that he was happy because his father usually will not go to the hospital and he thanked the defacto complainant in that case for filing a complaint so that a full body checkup of his father could be conducted because of his arrest. This was published in all newspapers and media. This is not only an insult to the defacto complainant, but a reminder to the judiciary also, while considering bail applications, when the person is in hospital.
2. These two bail applications are filed by one and the same person and therefore, I am disposing of these bail applications by a common order. BA No.3680/2025 is filed under Sec. 483 of the BNSS and BA No. 3713/2025 is filed under Sec. 482 of the BNSS. Admittedly, now the petitioner is in jail.
3. BA No. 3680/2025 is filed for bail under Sec. 483 BNSS in Crime No. 733/CB/CU-II/EKM/R/2025 of CB CU-II, Ernakulam unit. The above case is registered against the petitioner and others alleging offences punishable under Secs. 316(2), 318(4), 61(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). The brief fact of the case is that, with the intention to make wrongful gain and to cause a wrongful loss to the members of the SEED Society located in Pezhakkappilly at Muvattupuzha, the accused received an amount of Rs.7,59,81,000/- through the name of the consultancy of the 1st accused namely ‘Professional Service Innovations’ through his account in HDFC Bank at Iyyattilmukku, Thiruvananthapuram between July 2023 to December 2024. It is stated that the accused deceived the society members by offering that they would arrange motorcycles, sewing machines, home appliances and laptops at half price by using the Corporate Social Responsibility Fund (for short 'CSR Fund') and funds from various NGOs. It is alleged that even after receiving the money, the accused neither gave
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