Kerala High Court
Bhasurangan vs The Assistant Director, Directorate Of ... on 18 December, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday, the 18th day of December 2024 / 27th Agrahayana, 1946
BAIL APPL. NO. 9542 OF 2024
CRIME NO.ECIR/KCZO/42/2023 OF ENFORCEMENT DIRECTORATE KOCHI, ERNAKULAM
PETITIONER/ACCUSED NO.1:
BHASURANGAN, AGED 71 YEARS, "BHASURA", MARANALLOOR, KUVALASSERY P.O,
TRIVANDRUM, PIN-695512.
RESPONDENTS/COMPLAINANT
1. THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT GOVERNMENT OF
INDIA, KOCHI ZONAL OFFICE, KANOOS CASTLE,A.K. SESHADRI ROAD,
(MULLASSERY CANAL ROAD WEST), KOCHI, PIN-682011
2. JAIL SUPERINTENDENT, CENTRAL PRISON & CORRECTIONAL HOME, THRISSUR -
SHORANUR ROAD, VIYYUR, THRISSUR, KERALA, PIN-680010.
This Bail Application coming on for orders upon perusing the
petition and upon hearing the arguments of M/S ARUN KRISHNA DHAN, ARJUN
SREEDHAR, T.K.SANDEEP, ALEX ABRAHAM, SWETHA R., HARIKRISHNAN P.B. & AMJITH
C.M., Advocates for the petitioner and of PUBLIC PROSECUTOR for R2, the
court passed the following:
C.S.DIAS, J.
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B.A No.9542 of 2024
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Dated this the 18th December,2024
ORDER
This is the second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( in short 'BNSS') by the first accused in Crime No. ECIR/KCZO/42/2023, which is registered by the Enforcement Directorate, Kochi, Ernakulam, against six accused persons for allegedly committing the offence under Section 3 and punishable under Section 4 of the Prevention of Money Laundering Act, 2002 ('Act' for short).
2. By Annexure-III order dated 24.9.2024, this Court had dismissed the petitioner's earlier application finding that there is no reasonable ground to enlarge the petitioner on bail. Now the petitioner contends that he has a bulge in his abdomen and was B.A No.9542 of 2024 2 examined by a Urologist in Thrissur Medical College and is certified to be suffering from Inguinal Hernia, which requires immediate surgery. Therefore, the petitioner may be enlarged on bail.
3. On a perusal of the materials on record, I find that the petitioner has only produced the laboratory examination reports and the medical prescriptions showing that he is having various medicines. However, there is no certificate to show that the petitioner is suffering from any ailment. In the above background, I am of the view that the Jail Superintendent is to be directed to produce the petitioner before the Superintendent of the Medical College Hospital within whose jurisdiction the petitioner is presently in judicial custody. It is up to the Medical Board to examine the petitioner and forward a medical report regarding the petitioner's B.A No.9542 of 2024 3 ailment.
4. In the above background, I direct the Jail Superintendent to produce the petitioner before the jurisdictional Medical College Hospital and the Medical Superintendent to constitute a Medical Board to examine the petitioner and certify as to whether he is suffering from any ailment. The Jail Superintendent shall co-ordinate with the Medical Superintendent and fix a date for the petitioner's examination, and forward the medical report to this Court.
Post on 08.01.2025.
Sd/- C.S.DIAS, JUDGE ma/17.12.2024 B.A No.9542 of 2024 4