Former Principal Secretary to the Chief Minister of Kerala, M. Sivasankar, has once again approached the High Court seeking interim bail for a period of three months on the grounds of ill-health.
The plea comes after his bail application was rejected by the Special Court. Sivasankar has been in custody since his arrest by the Enforcement Directorate on February 14 in connection with the Life Mission money laundering case. He claims to be suffering from chronic spine-related, respiratory, and knee problems that require immediate medical attention.
Sivasankar had first sought bail from the Special PMLA Court at Kochi in February. After his initial plea for bail was rejected by the Special PMLA Court at Kochi on March 2, M. Sivasankar,, filed a bail application before the High Court.
In his application, he alleged that his arrest was a political stunt and argued that there were no direct allegations against him. Sivasankar claimed that the case was a political hit job orchestrated by the Enforcement Directorate, taking advantage of his professional relationship with the Chief Minister of Kerala.
However, the High Court dismissed his plea on April 13, 2023. The Court noted that while Sivasankar was not likely to flee from trial, there were concerns about his potential to tamper with evidence and influence witnesses, given his influential position within the ruling party and his close association with the Chief Minister of Kerala.
Sivasankar had subsequently preferred a Special Leave Petition (SLP) before the Apex Court, which granted him liberty to approach the special court for seeking interim bail in case of any kind of medical emergency. “…The petitioner has moved the Court seeking bail on medical grounds. According to the standing counsel for the Respondent, this aspect has been considered by both the courts below. However, we are of the view that in case of any emergency, it will be open to the petitioner to approach the special court on this aspect in the interim…..,” the bench observed.
Following the rejection of his interim bail application by the Special Court, M. Sivasankar, filed a fresh plea on the grounds of ill health and medical emergency. He claimed to be suffering from chronic spine-related, respiratory, and knee problems, requiring urgent medical attention. However, the Special Court denied his request, stating that he had not demonstrated the presence of an emergency warranting his release on bail.
In the new plea, Sivasankar argued that the Special Court had not adequately considered his medical documents, which supported his health condition. He contended that his health had deteriorated due to a lack of treatment. As his condition worsened and severe symptoms related to his spine and knee emerged, the prison authorities transferred him to Government Medical College, Kalamassery. Subsequently, the doctors recommended his transfer to Government Medical College, Kottayam, citing inadequate facilities at the District Jail.
Sivasankar expressed his reluctance to travel to Kottayam and undergo treatment at Government Medical College, citing his current condition and concerns about post-operative rehabilitation without family support. In light of these circumstances, he filed the present plea to challenge the Special Court’s order rejecting his interim bail application.
