The High Court rejected the bail plea of K N Anand Kumar, one of the accused in the half-price scam, on Wednesday. Justice P V Kunhikrishnan took strong exception to the practice of seeking bail based on sickness before getting into the details of the petition. In his order, Justice P V Kunhikrishnan recalled the remark of Shaun George, son of P C George, and expressed resentment.

Recently P C George was denied anticipatory bail by the High Court in a case related to hate speech. He surrendered before the police and complained of ailments following which the court was forced to send him to hospital instead of jail. He was released by the magistrate without him even seeing the doors of the jail, Justice Kunhikrishnan remarked in the order.

"After his release, his son openly stated in the media that he was happy because his father usually will not go to the hospital and he thanked the complainant in that case for filing a complaint so that a full body checkup of his father could be conducted because of his arrest. This is not only an insult to the de facto complainant, but a reminder to the judiciary also, while considering bail applications, when the person is in hospital," the HC said openly showing displeasure.

The court asserted that no one should think that they can escape the doors of prison by pretending to be sick, when they are involved in serious cases with serious allegations. If there is genuine sickness to them, they deserve treatment only through the jail doctor, and not by sleeping in a luxury room in a luxury hospital. They should taste the food inside the jail and not the homemade food that comes in a parcel box from their homes. There are facilities in our jail to treat any sort of illness. If there is any casualty, expert treatment also can be given, based on the recommendation of jail doctors," the HC noted in the order.

The counsel of Anand Kumar submitted during the hearing that he has cardiac problem and there was a 90 per cent block and he was on medication and treatment. In response, the court cited that when the bail plea came up for consideration, the court directed the Director General of Prisons and Correctional Administration to file a statement about the treatment facilities in all the jails. The report explained in detail about the medical facilities in Kerala jails. Citing this report, the court said that the jails are well-equipped to face any casualty to any prisoner. "Simply because a person is sick, no court needs to release the petitioner invoking relevant sections of BNSS. The court cannot pass orders mechanically to release an accused stating that the prisoner is sick. The court should make every endeavour to see that the prisoners are in jail and not in hospital during remand period or when they are undergoing imprisonment. An under-trial prisoner cannot choose a hospital and pick a luxury room which is available in all private hospitals for their treatment," the court observed.

In the case of Anand Kumar, a medical report was sought and the public prosecutor submitted that medical facilities are available in the jail and necessary follow-up treatment is given to the petitioner.