Andhra Pradesh High Court: In the applications filed under Sections 437 and 439 read with Section 482 of the Criminal Procedure Code, 1973 seeking interim bail to facilitate the undertaking of necessary medical tests and treatment under the supervision of his personal physician, T. Mallikarjuna Roa, J., allowed the interim bail to the petitioner on the medical ground for four weeks from 31-10-2023 on the condition that the petitioner should furnish a bail bond of Rs 1,00,000 with two sureties of the like amount to the satisfaction of the Trial Court. The Court further directed that the petitioner should get himself treated at the hospital of his own choice and at his expenses.
Background
In the instant case, a case was registered against the petitioner, N. Chandrababu Naidu under Sections 166, 167, 418, 420, 465, 468, 471, 409, 201, 109 read with Section 120-B of the Penal Code, 1860 and Sections 13(1)(c) and 13(1)(d) of Prevention of Corruption Act, 1988.
The petitioner submitted that he was an old person of 73 years of age and due to inadequate medical supervision and lack of facilities in the Jail, he was facing health complications because of his continued incarceration. Prior to the arrest of the petitioner, he was in continuous medical care of his personal doctors and currently he was not able to get medical management which he was getting since a long period. Due to this, the petitioner submitted that his health was deteriorating day by day and it could become life threatening and beyond the realm of control by the jail authorities.
The petitioner was suffering from Erythematous Popular Rash over his front chest, back palms and on intergluteal region. Further, the petitioner had a known case of Diabetes Mellitus from fifteen years and was under continuous treatment and he also had a known case of Hypertrophic Obstructive Cardio Myopathy and was treated with cardiac evaluation in December, 2022.
As per the medical report dated 17-10-2023, the Government doctors had advised the petitioner to conduct several medical tests of the petitioner. Thus, the petitioner sought for interim bail to undertake the above medical tests from the team of doctors of his own choice.
Analysis, Law, and Decision
The Court opined that upon reviewing the certificate, it became apparent that the petitioner was advised to undergo surgery within three months from 21-06-2023. Further, it was evident that the petitioner was recommended to undergo Cataract eye surgery for the right eye within three months from 21-06-2023. The Court considering the petitioner’s age opined that it was quite probable that the petitioner suffered from such old age ailments and there was no material casting doubts on the authenticity of the certificates relied on by the petitioner.
The Court relied on Parmanand Katara v. Union of India, and opined that the present Court placed the health and well-being of an individual as the foremost consideration, irrespective of the gravity of the alleged offense. The Court opined that “every individual has the inherent right to receive comprehensive and effective medical care. This Court firmly upholds the belief that individuals in custody with serious health issues should be granted access to adequate and effective medical treatment. The exercise of discretion in granting interim bail on medical grounds should not be restricted to circumstances where the person’s life is in immediate peril.”
The Court acknowledged the petitioner’s submission that he had strong ties withing the society and was a respected figure having previously served as the Chief Minister of Andhra Pradesh and was currently holding the position of Opposition Leader and sitting Member of the Legislative Assembly and opined that there was no remote possibility that the petitioner would evade the judicial process or pose a flight risk.
Further, the Court opined that it was the Court’s steadfast belief that a patient in need of medical attention should be granted immediate, effective, and comprehensive treatment. Considering the painful and pressing nature of the petitioner’s reported health conditions, and without delving on the merits of the case, the Court was inclined to grant interim bail solely for the purpose of allowing the petitioner to undergo the necessary medical examination.
Thus, the Court allowed the interim bail to the petitioner on the medical ground for four weeks from 31-10-2023 on the condition that the petitioner should furnish a bail bond of Rs 1,00,000 with two sureties of the like amount to the satisfaction of the Trial Court. The Court directed that the petitioner should get himself treated at the hospital of his own choice and at his expenses. The Court further directed that the petitioner should provide the details about the treatment given to him and the hospital where he got treated, in a sealed cover, to the Superintendent, Central Prison, Rajamahendravaram, at the time of his surrender, who in turn, should forward the sealed cover intact to the trial Court.
The Court further stated that the petitioner should not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any other authority and the petitioner should surrender himself before the Superintendent, Central Prison, Rajamahendravaram, on or before 28-11-2023 at 5 pm.
[Nara Chandrababu Naidu v. State of Andhra Pradesh, 2023 SCC OnLine AP 3107, Order dated 31-10-2023]
Advocates who appeared in this case :
For the Petitioner: Siddharth Luthra and Dammalapati, Advocate;
For the Respondent: Ponnavolu Sudhakar Reddy, Additional Advocate General
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