JUDGMENT :

M.V. Muralidaran, J.

BREIF CASE OF THE PETITIONER:

1. The prosecution story of the case is that on 25.05.2018 the petitioner along with some other persons were arrested by the personnel of NAB PS on the allegation of possession of contraband drugs.

2. The petitioner/accused was produced before the Learned Special Court, ND & PS, Manipur on 05-06-2018 by the I.O. for judicial remand and accordingly the Learned Special Trial Court allowed the prayer of the I.O. and remanded him to Judicial Custody.

3. When the family members of the petitioner/accused went to visit him at Central Jail, Sajiwa Imphal he was having breathing and kidney problems and as such he faced difficulties in passing urine. The petitioner was also having severe abdomen pain. In this regard the Ld. Special trial court passed an order dated 20-06-2018 calling for medical report from SP, MCJ, Sajiwa.

4. The Medical Report dated 26-06-2018 of the petitioner was forwarded by the Superintendent, Manipur Central Jail, Sajiwa to the Ld. Special Court and in the said report it was diagnosed that the petitioner was suffering from Chollitheasis Gall Bladder Stone and left kidney cyst and the accused was advised to undergo surgery at the earliest. The radiologist report of the INTMS Hospital mentions "Gall bladder shows few calculi, largest measuring 10 mm. Wall thickness is normal".

5. The Special Trial Court passed another order dated 14-08-2018 thereby directing the Superintendent of Manipur Central Jail, Sajiwa to make such arrangement or take such steps as are necessary for enabling the accused/petitioner to get the surgery performed. A compliance report was also to be submitted within 10 days of the receipt of the order and if the jail authorities cannot make the arrangement the matter was to be intimated to the Special Court without delay so that the order may be modified.

6. On 29-08-2018 after considering the report dated 27-08-2018 from the MCJ, Sajiwa, the Special Court granted interim bail to the petitioner till 01-10-2018 to enable his proper treatment/surgery furnishing a PR bond of Rs. 2 lakhs and two sureties of like amount each, who shall be government employees. It was also ordered that the petitioner shall surrender along with the medical documents on 01-10-2018 if he is capable and if not, he shall file application for extension of interim bail for valid reasons with supporting documents.

7. The petitioner due to history of allergy and high eosinophils count the operation was postponed for further medication and to be performed after the normalization of eosinophils count and the Trial Court was pleased to extend the interim bail time to time.

8. The operation of the petitioner was performed on 30-11-2018 and was discharged on 02-12-2018, the petitioner was restricted to active movement and the doctor also advised for his further treatment at a well equipped hospital. However, after his surgical operation the accused developed septic/infections at the operated body part. Thereafter, he was taken to the CMC Hospital on 21-12-2018 and was advised for daily dressing.

9. The petitioner filed an application for making the interim bail into absolute bail, however, the Special Trial Court turned down the application on 21-12-2018 and ordered that the accused shall surrender immediately failing which his P.R. bond may be forfeited.

10. After the passing of the said order, the winter vacation for the said trial court was commenced and it is due to open on 31-1-2019. It is pertinent to mention that the treatment of the petitioner/accused is done on daily basis post operation at the Hospital and such care and proper treatment is not availed to him at the Judicial Custody, therefore, sending him again in the judicial custody will be harmful to his health and may cause disastrous to his life.

11. Learned trial court rejected the application of the petitioner for granting absolute bail on the ground that the nature of illness was not specified and there is nothing in