Kochi: The Kerala High Court on Wednesday orally flagged the rise in cases of influential accused securing bail on medical grounds. The court was hearing the bail plea of K N Anand Kumar, the accused in the CSR scam case.

Kumar is in judicial custody at a hospital due to cardiac problems and has sought bail on medical grounds. Last week, Justice P V Kunhikrishnan had asked the State to get instructions in the matter.

"I will not entertain that medical ground unless the prosecutor says that medical facility is not available in jail…Influential people's bail applications in Kerala are becoming medical tourism...you tell me if he needs any other medical (treatment) that is not available in the jail,” Justice Kunhikrishnan orally remarked. 

The Judge also cited the recent example of BJP leader PC George, who secured bail on medical grounds in a hate speech case. "...After release, his son said, I am so happy to the complainants because my father usually does not go to the hospital. This is medical tourism. His son gave open statement to the media that 'I am so happy'. That is indirectly to the judiciary. This is medical tourism in Kerala," the Judge said.

Kumar is accused of committing large-scale scams by persuading various voluntary organisations and local representatives to secure funds by claiming that they were procuring two-wheelers, laptops, and sewing machines at half price. The allegation is that booking amounts were collected by convincing everyone that the scheme was carried out by securing the remaining amount through CSR contributions from various companies.

Kumar was taken into custody in one of the many cases registered against him and remanded to judicial custody until March 26. The Court has asked Kumar's counsel to either show that the treatment he requires is not available in jail or argue the case on grounds other than medical reasons. The matter is posted for hearing on Thursday.
(With inputs from LiveLaw)