The Kerala High on Wednesday criticised the rising trend of accused persons citing medical grounds to seek bail [KN Ananda Kumar v State of Kerala]..Justice PV Kunhikrishnan said that such practice amounts to indirectly challenging the judiciary and he would not allow it in his Court."This is like medical tourism, and it indirectly targets the judiciary. Such a tendency of medical tourism, at least when I am sitting in this jurisdiction, I will not allow," he said.The observations were made while hearing the bail plea of KN Anand Kumar, the second accused in the multi-crore CSR Scooter Scam case.Anand moved the Court citing medical grounds to seek bail but the judge was not impressed."This I will not entertain; he is one of the main accused," the judge remarked, making it clear that unless the prosecution confirms the unavailability of medical facilities in custody or the necessity for expert medical care, medical grounds alone will not be entertained for bail.Justice Kunhikrishnan also recounted a matter from 2021 when former minister PC George had secured bail on medical grounds only for his son to later make a public comment about hoodwinking the judiciary."In 2021, former minister PC George who got bail on medical grounds, later another anticipatory bail was filed after he was arrested in another matter, again his counsel submitted that he's unwell and sick and was granted bail by the magistrate. After he was released, his son made a public comment stating that he was happy because his father usually won’t go to the hospital and this is like medical tourism," the judge remarked.He said that granting bail solely on medical grounds could be misused and highlighted how such instances indirectly affect the judiciary's credibility..Anand Kumar, aged 70, is the chairman of the National NGO Confederation and the second accused in the CSR Scooter Scam.The case involves allegations that the prime accused, Ananthu Krishnan, defrauded multiple individuals by promising to deliver two-wheelers, laptops, and sewing machines at half the market price using fake Corporate Social Responsibility (CSR) funds.Kumar has been booked for offences under Sections 316(2) (criminal breach of trust), 318(4) (cheating), 61(2) (criminal conspiracy), and 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023 (BNS) though he has claimed that he had no direct involvement in the alleged fraud.Earlier, Kumar had filed an anticipatory bail application before the sessions court at Thiruvananthapuram, which was rejected on March 11.Kumar who is currently under judicial custody at a private hospital, moved a regular bail plea before the High Court, where he cited his age, medical condition and a recent angioplasty as grounds for bail.The Court today said that if additional medical attention is required, the details regarding the same must be presented to the court and the public prosecutor should confirm the necessity of such care."Unless the public prosecutor says that the medical facility is not available and that expert medical care is needed, I will not entertain such bail," the judge said.The Court posted the matter for further arguments tomorrow."If you want bail, you submit if additional medical attention is needed, I will hear this tomorrow," the Court said..Advocates S Rajeev, V Vinay, MS Aneer, Sarath KP, Anilkumar CR, KS Kiran Krishnan and Dipa V appeared for the accused..[Read Order]
