The Kerala High Court has held that serious offenders cannot escape imprisonment by pretending to be sick.
The Court clarified that bail under Section 480(1) BNSS can only be granted on health grounds if a prison medical officer confirms the lack of proper treatment facilities in jail.
The Court emphasized that jails are well-equipped to handle medical emergencies and undertrial prisoners cannot "choose a hospital and pick a luxury room."
It also cited misuse of health-related bail, referencing former MLA P.C. George’s case. Observing proper procedures under prison rules, the Court dismissed the bail plea of Anand Kumar, accused in a CSR fund scam.
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