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TMI Blog2023 (10) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... gery is unnecessary. The undisputed fact remains that the petitioner is suffering from specific ailments that demand medical attention, particularly regarding his right eye. Considering the painful and pressing nature of the petitioner's reported health conditions, and without delving into the merits of the case, this Court is inclined to grant interim bail solely for the purpose of allowing the petitioner to undergo the necessary medical examination. The medical report clearly indicates that the petitioner requires cataract surgery on his right eye. Therefore, it is a reasonable proposition to permit him to seek treatment at the same hospital where he had the surgery for his left eye. The petitioner/A.37 is entitled to interim bail on medical grounds subject to fulfilment of conditions imposed - petition allowed. - Hon ble Sri Justice T. Mallikarjuna Rao For the Petitioner : G.V.L. Murthy, Golla Basaveswara Rao, Golla Basaveswara Rao ,Golla Basaveswara Rao. For the Respondent : Y.N. Vivekananda Spl. PP Cid EOWII. COMMON ORDER : 1. I.A. No. 01 of 2023 and I.A. No. 03 of 2023 have been filed under Sections 437 and 439 r/w. Section 482 of the Criminal Procedure Code (Cr.P.C.). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A counter filed by the Respondent/State, denying all the allegations made in the petitions, contending that it is a settled proposition of law that the Courts should look into the prima facie case against the accused, the scope and gravity of the alleged offence while granting bail/interim bail. As per the conspiracy, the petitioner colluded with A.1, A.2, A.6, A.8 and others; the Skill development project was specifically allotted on a nomination basis with malafide intention of causing wrongful gain to himself and others accused and caused wrongful loss to the Government Exchequer. The gravity of the alleged offence, prima-facie material being available against the petitioner, and the need to examine the then Personal Secretary to the petitioner/A.37, Mr Pendyala Srinivas, Mr Manoj Vasudev Pardasany and Mr Kilaru Rajesh, a close associate of Nara Lokesh and collection of Bank details about the petitioner. The petitioner did not cooperate with the Jail authorities, persisting with his stand of not undergoing any tests unless his family Doctor was consulted. There was no response from Smt. N. Bhuvaneswari for the two letters dated 16.10.2023 and 25.10.2023 about getting an opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Due to an apparent disparity in the petitioner's vision, it has been advised that he undergo Cataract surgery for the right eye at the earliest, as any delay in this operation could lead to a significant deterioration in his vision. To support this claim, reference is made to a certificate issued by the LV Prasad Eye Institute, dated 21.10.2023. Wherein it is observed as follows: The petitioner was reviewed on 25.03.2023. His intraocular pressures were borderline, and he had a visually significant cataract. He underwent Cataract extraction with intraocular lens implantation in his left Eye on 21.06.2023, under the cover of pressure-lowering medications. That Eye recovered well in the next 3 weeks. However, there remained a noticeable disparity in vision between his right and left Eye, and hence was advised cataract surgery in the right Eye within 3 months . 10. Upon reviewing the mentioned certificate, it becomes apparent that the petitioner is advised to undergo surgery within three months from 21.06.2023, which differs from the interpretation provided by the learned Additional Advocate General, who cited 21.10.2023 as the relevant date for consideration. 11. Dr P. Naveen Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MD D.V.L. (4) Dr B.V.V.N. Mahendra, MD Anaesthesia and (5) Dr S. Himaja, MD Pathology submitted a report dated 19.10.2023, 20.10.2023, 21.10.2023, 23.10.2023 and 26.10.2023, wherein the petitioner is advised the following investigations: Complete Blood Picture, Renal Function Tests, Liver Function Tests, Serum Electrolytes, Coagulation profile, HbA1C, Complete Urine Examination, E.C.G., X-Ray Chest, 2D Echo. 16. The Respondent-State has relied these reports to argue that the petitioner has been managing his health reasonably well and is not afflicted by any chronic ailment. In a letter dated 26.10.2023, addressed from the Superintendent of Central Prison, Rajamahendravaram to Sri M. Dhanunjayudu, the Investigation Officer, wherein it was conveyed that the Medical Team, in their medical report, had recommended specific investigations for the remand prisoner. Additionally, he informed the Investigation Officer that all these recommended investigations could be carried out within the facilities of the Jail Hospital. 17. The learned Additional Advocate General placed on record a G.O.Rt.No.683, dated 22.07.2022, wherein it is described as follows: 2. The Director General of Prisons and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pant Institute of Post Graduate Medical Education and Research. It is appropriate that the citizen has a right to take treatment of his choice, at his expense, in a private hospital. 21. Evidently, the petitioner herein preferred a Special Leave Petition, seeking to quash the F.I.R. No. 29 of 2021 registered by C.I.D. P.S., A.P. Amaravathi, Mangalagiri, dated 09.12.2021, on the ground that the same has been initiated without obtaining sanction as mandated by Section 17-A of the Prevention of Corruption Act. The learned Additional Advocate General argues that in the Special Leave Petition, the petitioner had also requested ex-parte ad-interim bail. So, the petitioner should have refrained from seeking the same relief before this Court. 22. The learned Senior Counsel for the petitioner brought to the notice of this Court the averments made in the interim bail application, which reads as follows: The petitioner challenged the Order dated 22.09.2023 before Hon'ble Supreme Court vide S.L.P. (C.R.L.) No:12289/2023. On 17.10.2023, the arguments of all the parties were concluded and the judgment was reserved by Hon'ble Supreme Court. That the petitioner has sought interim relief i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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. Moreover, there is no conflicting medical report indicating that the petitioner's surgery is unnecessary. The undisputed fact remains that the petitioner is suffering from specific ailments that demand medical attention, particularly regarding his right eye. 26. This Court is of the opinion that there is no remote possibility that the petitioner would evade the judicial process or pose a flight risk. It has been submitted that the petitioner has strong ties within society and is a respected figure, having previously served as the Chief Minister of Andhra Pradesh and currently holding the position of Opposition Leader and sitting Member of the Legislative Assembly. 27. Furthermore, it is this Court's steadfast belief that a patient in need of medical attention should be granted immediate, effective, and comprehensive treatment. Additionally, the choice of the medical facility for treatment should remain with the patient. 28. Considering the painful and pressing nature of the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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