Once a person is produced before a court post-arrest, he/she must be sent to jail — not a hospital, the judge said.
Published Apr 09, 2025 | 3:19 PM ⚊ Updated Apr 09, 2025 | 3:19 PM
Kerala High Court. (iStock)
Synopsis: The Kerala High Court said that there is a growing perception that anyone arrested can easily get bail by citing illness, even if it is pretended. This must stop.
In a significant observation that could redefine the granting of bail on medical grounds, the High Court of Kerala has ruled that sickness — real or feigned — cannot be a free pass out of jail, especially in serious criminal cases.
Justice PV Kunhikrishnan, while rejecting a bail plea under the first proviso to Section 480(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, made it clear that courts are not medical boards and under-trial prisoners do not enjoy the liberty to bypass jail protocols and land directly in private hospitals.
“There is a growing perception that anyone arrested can easily get bail by citing illness, even if it is pretended. This must stop,” the court noted.
It emphasised that genuine illnesses must be handled by jail medical officers, who alone can decide whether further expert treatment is necessary.
“They should taste the food inside the jail, not the homemade food in parcel boxes from home,” Justice Kunhikrishnan wrote.
The court made the observations while rejecting the bail application of KN Anand Kumar, an accused in the CSR fund scam.
The judgment follows a directive by the court to the Director General of Prisons to furnish a report on the medical infrastructure in Kerala’s jails.
The report confirmed that the state’s prisons are well-equipped to handle medical emergencies.
Justice Kunhikrishnan clarified that only in cases where the accused is completely bedridden can the court consider an alternative to jail.
Otherwise, once a person is produced before a court post-arrest, he/she must be sent to jail — not a hospital.
The court also reproduced a judgment of the Rajasthan High Court which cited that when it comes to Article 21 of the Constitution, under-trial prisoners have restricted rights and cannot choose luxury treatment.
“Even though the right to life is a fundamental right, there are reasonable restrictions permitted in the case of under-trial prisoners and convicts on the exercise of their fundamental rights under Article 21 of the Constitution of India,” the judgment read.
“They cannot be treated at par with the other citizens, who are outside the jail. An under-trial prisoner/convict cannot choose a hospital and pick a luxury room, which is available in almost all private hospitals for their treatment,” Justice Kunhikrishnan said in the judgment.
He further observed, “The court has no expertise in medical jurisprudence. The jail medical officer is the authority to decide,” the judge concluded.
The court on Wednesday, 9 April, also denied bail to Anand Kumar, the founder and managing trustee of the National NGO Confederation, who is currently in judicial custody in connection with the alleged CSR fund scam.
Earlier, Kumar pleaded for bail on medical grounds. However, the court took the view that health-related bail can only be considered if necessary medical facilities are unavailable in jail.
Kumar was arrested by the Crime Branch on 11 March for his alleged role in a massive fraud involving the collection of ₹400–500 crore.
The NGO is accused of duping the public by offering two-wheelers, sewing machines, and laptops at half the market price, claiming they were funded through Corporate Social Responsibility (CSR) schemes of major companies.
The Crime Branch is actively investigating the case, including the role of the NGO’s secretary, Ananthu Krishnan.
Kumar, meanwhile, has denied any involvement in the scam.
According to the prosecution, around 56,082 people paid ₹23.24 crore for sewing machines, 36,981 paid ₹92.22 crore for laptops, and 10,300 paid ₹20.60 crore for home appliances.
However, many beneficiaries received nothing.
In the scooter scheme, 48,523 beneficiaries reportedly paid a staggering ₹281.43 crore into the accounts of the main accused, Ananthu Krishnan.
The court observed that the accused exploited poor individuals with false promises and amassed crores from thousands.
Incidentally, Kumar is currently linked to 24 other crime branch cases, with formal arrests made in 15 of them.
While the defence highlighted Kumar’s cardiac condition and recent angiogram, the court didn’t consider the same considering the report of Director General of Prison and Correctional Services that prisoners are provided with adequate medical aid.
It also took prosecution’s point that custodial interrogation is crucial at this stage.
(Edited by Majnu Babu).
