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Andhra Pradesh High Court - Amravati

Layam Sudha Harinath vs The State Of Andhra Pradesh on 10 July, 2024

Author: U.Durga Prasad Rao

Bench: U.Durga Prasad Rao

APHC010049872024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                           [3479]
                            (Special Original Jurisdiction)

                 WEDNESDAY ,THE TENTH DAY OF JULY
                  TWO THOUSAND AND TWENTY FOUR
                                 PRESENT
        THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
         THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
                     CRIMINAL APPEAL NO: 82/2024
      Between:
      Layam Sudha Harinath and Others                 ...APELLANT(S)
                                     AND
      The State Of Andhra Pradesh                      ...RESPODENT
      Counsel for the Apellant(S):
         1.

A SYAM SUNDAR REDDY Counsel for the Respodent:

1.PUBLIC PROSECUTOR (AP) The Court made the following ORDER:

I.A. No.1 of 2024 The petitioner/1st appellant/accused No.1, who along with others was convicted and sentenced to life in S.C. No.118 of 2015 by learned Principal Sessions Judge, Kadapa and now lodged in Central Prison, Kadapa, moved the present bail application on the medical ground that he has been suffering from Intervertebral disc prolapse pain at L4-L5 and L5-S1 Levels, for 2 which he proposes to undergo surgery in a hospital at Vijayawada. The petitioner seeks bail for six months on this medical ground.

Notice given to learned Public Prosecutor.

Heard.

The Superintendent, Central Prison, Kadapa, sent medical certificate dated 01.05.2024, which reads thus:

"This is to certify that the Convict Prisoner No:9470, Layam Sudha Harinath, S/o.Suryanarayana, aged about 37 years was admitted in Central Prison, Kadapa, on 29.12.2023. At the time of his admission into Prison, he was examined by the Jail Medical Officer and found that he was suffering from Intervertebral disc prolapse pain at L4-L5 Level, L5-S1 level. He is suffering with paresthesia lower limbs (Disc prolapse problems) and he was prescribed Medication in this Jail Hospital and also Government General Hospital, Kadapa.

For which he complained after his admission on various other dates at this Jail Hospital, he was given required (sic. Treatment) at this Jail Hospital.

At present his health condition is satisfactory."

The above medical certificate shows that the petitioner is suffering from Intervertebral disc prolapse pain at L4-L5 and L5- S1 levels and he is also suffering with paresthesia lower limbs associated with disc prolapse. Apart from it, some medical reports issued by Bharathi Hospitals, Gandhi Nagar, Kadapa and Ramesh Hospitals, Vijayawada, are also filed which show that the petitioner is suffering with back pain.

Considering the medical reports, we are of the view that the petitioner can be granted interim bail on medical grounds for a reasonable period to enable him to undergo surgery and to recoup his health.

Accordingly, this petition is allowed and the petitioner/1st appellant/Accused No.1 is granted interim bail for a period of three months from 12.07.2024 to 11.10.2024 on the condition of petitioner executing a personal bond for ₹25,000/- with two sureties each for a like sum to the satisfaction of Superintendent, Central Prison, Kadapa. On production of the sureties, the jail authorities shall release the petitioner. The petitioner shall report before the Superintendent, Central Prison, Kadapa, before 05.00pm on 11.10.2024.

List this matter after four weeks.

________ UDPR, J _____ JS, J SS Note: issue C.C. by tomorrow.