LIFE Mission Case: Kerala High Court Calls For Medical Records In Sivasankar's Plea Seeking Interim Bail

The Kerala High Court on Wednesday directed the Jail Superintendent of the District Jail at Kakkanad to produce all the medical records of the former Principal Secretary to the Chief Minister of Kerala, M. Sivasankar, on his plea seeking interim bail for a period of 3 months, on grounds of ill-health and to avail treatment at a private hospital of his choice.

Sivasankar is in custody in connection with the Life Mission money laundering case, since his arrest by the Enforcement Directorate on February 14. On February 24, 2023, Sivasankar was remanded to judicial custody until March 8, 2023. Subsequently, the remand was extended and Sivasankar has been continuing under judicial custody. 

Sivasankar had first sought bail from the Special PMLA Court at Kochi in February. His plea was however rejected on March 2 and his custody was extended till March 21, 2023. The bail application before the High Court was also dismissed on April 13, 2023. Subsequently, in the Special Leave Petition that was preferred by him, the Apex Court granted him liberty to approach the special court for seeking interim bail in case of any kind of medical emergency. The Special Court however, declined his plea on the ground that he had failed to demonstrate any element of emergency to be released on bail.

Justice Kauser Edappagath today orally remarked that if the records revealed any medical emergency, bail would be granted to the petitioner. 

"The Supreme Court has directed that he (the petitioner) can approach the Special Court for interim bail on the ground of medical emergency. We are only on the question of whether there has been any medical emergency or not, we do not have to look at any other conditions. Let the records be produced, and we will examine it," the Court added.

The Court further made it clear that it shall not look into the previous Order of the Court that had dismissed the bail application in April, while deciding the case. "Previous judge may have taken a different view, that's a different issue. It was a Single Judge Order, which is not binding on me. If there is a medical emergency, bail shall be granted, else, it shall not be," the Court said.  

The Court today also noted that Sivasankar had six MRI scans in 4 months. "How can you say that there is no medical emergency then? You produce all medical records," the Court said. 

The Court directed the Enforcement Directorate (ED) to file its objection in the matter. 

The matter has been posted for further consideration on June 27, 2023. 

The plea has been moved through Senior Advocate P. Vijaya Bhanu, and Advocates George Varghese, Manu Srinath, Sruthy N. Bhat, and Nimesh Thomas.

Case Title: M. Sivasankar v. Directorate of Enforcement & Anr.