No One Should Think That They Can Escape Doors Of Prison By Pretending To Be Sick When They Are Involved In Serious Cases: Kerala High Court
The Kerala High Court said that if there is genuine sickness to the accused, they deserve treatment only through the jail doctor, and not by sleeping in a luxury room in a luxury hospital.
The Kerala High Court observed that 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.
The Court observed thus in two Bail Applications filed by the same accused person under Sections 483 and 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
A Single Bench of Justice P.V. Kunhikrishnan remarked, “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? … 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.”
The Bench added 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.
Advocate S. Rajeev appeared on behalf of the Petitioner while Senior Public Prosecutors (SPPs) Hrithwik CS and Noushad K.A. appeared on behalf of the Respondents.
Factual Background
The important point to be decided in this case was 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 BNSS. The Petitioner-accused was in jail against whom a case was registered for the offences punishable under Sections 316(2), 318(4), 61(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS). Allegedly, 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 accused.
It was alleged 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 (CSR Fund) and funds from various NGOs. It was further alleged that even after receiving the money, the accused neither gave the proposed articles nor refunded the amount to the beneficiaries.
Reasoning
The High Court in view of the facts and circumstances of the case, said, “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.”
The Court observed that all the jails are well equipped to treat the prisoners and under trial prisoners.
“Can a person who is arrested in a serious case be released immediately by the Magistrate, simply because there is a submission that he is having sickness? I am of the considered opinion that the answer is a big ‘no”, it remarked.
The Court was of the view that jails are well equipped to face any casualty to any prisoner and, therefore, simply because a person is sick, no Court needs to release the accused invoking the first proviso to Section 480(1) of BNSS.
“… in cases in which the prisoner is in a sinking stage where he has to spend his last days with his kith and kin, the court can rely on the first proviso to Section 480(1) of BNSS. In all other cases when a request is submitted for bail on the ground of sickness, the court can allow bail based on that proviso only after getting a report from the Medical Officer of the jail concerned”, it further clarified.
The Court held that the Court cannot pass Orders mechanically to release an accused relying on first proviso to Section 480(1) of BNSS stating that the prisoner is sick.
“… once a person is produced before a court after arrest, he should be sent to jail first in all circumstances except cases in which that person is completely bedridden. In other cases, the court which remands the accused should send the person to the jail and the jail authorities including the medical officer concerned of the jail can do the needful as far as the illness is concerned”, it elucidated.
The Court explained that the Courts should make every endeavour to see that the prisoners are in jail and not in hospital during their remand period or when they are undergoing imprisonment.
“Whether there is any illness or whether there is any expert medical facility is necessary, are all to be decided by the medical officer of the jail and the court need not decide the illness of an under-trial prisoner or prisoner. The court has no expertise in medical jurisprudence. There are rules and procedures, if there is any serious illness to a prisoner which cannot be treated in jail”, it added.
The Court also clarified that the Court while remanding the accused should send the person directly to the jail in all circumstances except the cases in which he cannot reach up to the jail because of his ailment.
“The court must assess the sickness of the convict/under-trial prisoner and then decide whether the sickness can be treated in custody or in the Government Hospital before deciding a bail application based on the first proviso to Section 480(1) of BNSS”, it emphasised.
Moreover, the Court remarked that 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.
“Unless the jail authorities state that the medical facility available in jail is not enough for the convicts/under-trial prisoners, no convict or under-trial prisoner is entitled to bail based on the first proviso to Section 480(1) of BNSS. The person accused of criminal offences should know that they are going to jail and not for medical tourism”, it added.
Accordingly, the High Court dismissed the Bail Application.
Cause Title- K.N. Anand Kumar v. State of Kerala & Anr. (Neutral Citation: 2025:KER:29600)
Appearance:
Petitioner: Advocates S. Rajeev, V. Vinay, M.S. Aneer, Sarath K.P., Anilkumar C.R., K.S. Kiran Krishnan, and Dipa V.
Respondents: SPPs Hrithwik CS and Noushad K.A.
