Sivasankar approaches HC again for bail on grounds of illness

M Sivasankar, Chief Minister Pinarayi Vijayan's former principal secretary, has approached Kerala High Court again seeking a three-month interim bail to avail treatment at a private hospital of his choice. The plea has been moved after the special court declined his plea on March 2.

The former bureaucrat was arrested by the Enforcement Directorate on February 14 in connection with the Life Mission money laundering case. Though he was initially remanded on February 24 till March 8, it was further extended.

First application
Sivasankar had first sought bail from the Special PMLA Court at Kochi in February. His plea was rejected on March 2 and his custody was extended till March 21.

Then he moved a bail application before the High Court, alleging the arrest to be a "political stunt" and claiming that there was no direct allegation against him.

He termed the entire case a "political hit job by the Enforcement Directorate" using the professional privity he had with the Chief Minister. The High Court dismissed this plea on April 13.

The Court had observed that although Sivasankar could not be regarded as a person who would flee from trial, "...his propensity to tamper with the evidence and to influence witnesses could be foreseeable, since the petitioner is a person having very much influence in the ruling party of Kerala, particularly with the Chief Minister".

Sivasankar then moved a special leave petition before the Supreme Court, which granted him liberty to approach the special court for seeking interim bail in case of any kind of medical emergency. 

Thereafter, Sivasankar moved an interim bail application before the special court on the grounds of ill health and underlying medical emergency. The court however, declined his plea on the ground that he had failed to demonstrate any element of emergency to be released on bail.

Further diagnosis requested
The present plea claimed that the special court failed to consider the medical documents properly which show that he suffers from chronic spine related, respiratory and knee problems which require urgent medical attention.

Sivasankar submitted that his condition worsened due to the lack of any treatment.

After noticing his worsening health condition, the prison authorities took him to the Government Medical College, Kalamassery, where the doctors recommended Sivasankar to be taken to Government Medical College, Kottayam, for further diagnosis and treatment, citing insufficiency of facilities at the District Jail.

Accordingly, the Special Court permitted his transfer to the Government Medical College, Kottayam.
But Sivasankar said he does not want to travel to Kottayam "in his present condition" and that he is "scared" to undergo treatment in the Government Medical College considering his high risk health profile and "limitations in post-operative rehabilitation without family support".

(With inputs from LiveLaw)