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TMI Blog2023 (10) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... rtainly, he will directly and indirectly influence or cause deterrence to witnesses, if released on bail. The non-cooperation of the co-accused Mr.Ashok Kumar, who is blood brother of the petitioner also justifies the apprehension of Enforcement Directorate that, there is flight risk causing impediment in progress of trial. This Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... back to prison. At the time of discharge, the petitioner was advised as under:- "1. Continue cardiac rehabilitation for 2 months. 2. Do not lift heavy objects for 2 months. 3. Shower and wash your incision daily with soap. Watch for any signs of infection such as redness, swelling, extreme tenderness, cloudy pus like discharge. 4. Continue Incentive Spirometry & Breathing Exercise. 5. Walk daily for 20 minutes. Slowly increase your activity as tolerated. 6. DIET: Low salt and plenty of liquids (3Litres/day)" 5. Later, the petitioner had been under constant medical supervision in the prison. He consistently reporting numbness in his left leg. Recently, the petitioner was taken to Government Stanley Hospital, for medical examinat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... twin conditions mentioned in this Section is subject to the proviso which enables Court to grant bail if the accused is sick or infirm. In the instant case, the medical record adequately discloses 'Sickness' of the petitioner. The term 'Sickness' cannot be equated to terminal illness. Any person, who in need of continuous medication and medical care not fit to carry on his daily needs on his own, not able to sit or walk continuously for more than 10 minutes, will fall within the term 'sick' . He further submitted that, Mr.V.Senthil Balaji, the petitioner, having undergone bypass surgery, need to be released on bail, based on medical report. 7. Mr.AR.L.Sundaresan, Learned Senior Counsel/Additional Solicitor General ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith evidence not be ruled out. 9. The following of judgments by the Hon'ble Supreme Court of India and High Courts were cited by the Learned Counsels on both sides to buttress their respective submission. 1). Vijay Mandanlal Chaudhary -vs- Union of India, reported in 2022 SCC Online SC 929. 2). Asst Director, Directorate of Enforcement -vs- N.Umashankar & Others, order dated 22.11.2021 in SLP.No.7563 of 2021. 3). Union of India vs. Rattan Mallik Alias Habul reported in (2009) 2 SCC 624. 4). Surjeet -vs- State (Govt. of NCT of Delhi) reported in 2021 SCC Online Del 228. 5). Karim Morani -vs- Central Bureau of Investigation reported in 2011 SCC Online Del 2967. 6). Rajkishor Gunnidhi Dash -vs- State of Maharashtra reported in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. 22). Sameer Mahandru -vs- Directorate of Enforcement reported in 2023 SCC Online Del 3606. 10. Heard the Learned Senior Counsel for the petitioner and the Learned Additional Solicitor General for the respondent/Enforcement Directorate. 11. The Line of judgments on either side taken into consideration. The health report of the petitioner does not appear to be a medical condition which could be taken care only if he is released on bail. That apart, his past conduct, his present position as Minister without Portfolio and the abscondence of his brother Mr.Ashok Kumar, coupled with the attack on the Income Tax Officials, all cumulatively leads to an irresistible conclusion that, certainly, he will directly and indirectly influence or caus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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