Andhra Pradesh High Court Grants 4-Week Medical Bail to N. Chandrababu Naidu
The Andhra Pradesh High Court, in response to applications filed under Sections 437 and 439 of the Criminal Procedure Code, 1973, along with Section 482, has granted N. Chandrababu Naidu interim bail for a four-week period starting from October 31, 2023. This bail is provided to enable the petitioner to undergo essential medical examinations and treatment under the supervision of his personal physician. The Andhra Pradesh High Court’s ruling mandates that Naidu furnish a bail bond of Rs 1,00,000, supported by two sureties of equal value, to the satisfaction of the Trial Court. Furthermore, Naidu is instructed to cover the expenses for his chosen hospital treatment during this period.
Background by Andhra Pradesh High Court
In this particular instance, the petitioner, N. Chandrababu Naidu, faced charges under various sections, including 166, 167, 418, 420, 465, 468, 471, 409, 201, 109 in conjunction with Section 120-B of the Indian Penal Code, 1860, and Sections 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988.
The petitioner, aged 73, argued that his ongoing detention in prison had led to deteriorating health due to insufficient medical attention and inadequate facilities. He emphasized that, prior to his arrest, he had consistently received medical care from his personal doctors. However, he was currently unable to access the medical treatment he had relied on for an extended period. The petitioner expressed concerns that his health was progressively worsening and could potentially reach a life-threatening stage beyond the capacity of the prison authorities to manage.
The petitioner was afflicted with an Erythematous Popular Rash, affecting areas such as the chest, back, palms, and the intergluteal region. Additionally, he had been managing Diabetes Mellitus for fifteen years with ongoing treatment. Furthermore, the petitioner had a documented case of Hypertrophic Obstructive Cardio Myopathy and had undergone a cardiac evaluation in December 2022.
Based on a medical report dated 17-10-2023, government physicians recommended the petitioner to undergo several medical examinations. Consequently, the petitioner sought interim bail to facilitate these tests, choosing a medical team of his preference to oversee the process.
Analysis, Law, and Decision
Upon examination of the certificate, the Andhra Pradesh High Court noted that the petitioner had been advised to undergo surgery within three months from June 21, 2023. It was also evident that a recommendation for cataract eye surgery for the right eye within three months from the same date had been made. Considering the petitioner’s advanced age, the Court expressed the view that it was highly likely that the petitioner was indeed dealing with age-related health issues. Furthermore, there was no evidence suggesting any doubts about the validity of the certificates presented by the petitioner.
In its decision, the Andhra Pradesh High Court drew upon the precedent set in Parmanand Katara v. Union of India, emphasizing that the well-being and health of an individual must take precedence, regardless of the seriousness of the alleged offense. The Court firmly stated that every person possesses an inherent right to receive comprehensive and effective medical care. Furthermore, the Court firmly upheld the principle that individuals in custody with significant health concerns should have access to appropriate and effective medical treatment. The Court stressed that the discretion exercised in granting interim bail on medical grounds should not be limited solely to situations where the person’s life is in immediate danger.
The Andhra Pradesh High Court recognized the petitioner’s assertion that he had deep-rooted connections within society, being a prominent and esteemed figure who had previously held the office of Chief Minister in Andhra Pradesh. Currently, he also held the position of Opposition Leader and was an incumbent Member of the Legislative Assembly. The Court expressed its belief that there was absolutely no likelihood that the petitioner would attempt to evade the legal proceedings or present a risk of fleeing.
Moreover, the Court firmly held the view that a patient in need of medical care should receive prompt, efficient, and thorough treatment. Given the acute and urgent nature of the petitioner’s documented health problems and without delving into the merits of the case, the Court was inclined to grant interim bail solely to enable the petitioner to undergo the essential medical evaluation.
Accordingly, the Andhra Pradesh High Court granted the petitioner a four-week interim bail on medical grounds, effective from October 31, 2023. This grant was subject to the condition that the petitioner must provide a bail bond of Rs 1,00,000 along with two sureties of equal value, to the satisfaction of the Trial Court. The Court stipulated that the petitioner should seek medical treatment at the hospital of his choosing, covering the expenses himself. Additionally, the
Andhra Pradesh High Court instructed the petitioner to furnish the treatment details, including the hospital where he received treatment, in a sealed envelope. This sealed envelope should be submitted to the Superintendent of the Central Prison in Rajamahendravaram upon his surrender, who, in turn, is to transmit it unopened to the trial Court.
Furthermore, the Andhra Pradesh High Court imposed a directive that the petitioner should avoid making any inducements, threats, or promises, whether directly or indirectly, to individuals with knowledge of the case, with the intent of dissuading them from disclosing such information to the Court or any other pertinent authorities. The Court also instructed the petitioner to turn himself in to the Superintendent of the Central Prison in Rajamahendravaram no later than 5 pm on November 28, 2023.