TRS MLA Poaching Case | Kerala High Court Grants Interim Protection From Arrest To Amrita Hospital Staff

The Kerala High Court on Friday granted interim protection from arrest to the three officials of Amrita Institute of Medical Sciences & Research Centre till December 5 in the TRS MLA poaching case.

The petitioners filed an anticipatory bail application in the court as they are apprehending arrest in relation to the ongoing investigation into the whereabouts of Dr Jaggu Kottilil, who is a doctor at the hospital. 

Justice K. Babu took note of the fact that the petitioners have not been arrayed as accused in the case being probed by the SIT of Telangana Police.

 "The Petitioners shall not be arrested till 5.12.2022," the court said.

The three petitioners who have approached the court include Sarath Mohan, the coordinator of Amrita hospital; Vimal Vijayan, the Clinical Coordinator; and Prashant K.P, the Administrative Executive of the institute. 

On October 26, Pilot Rohith Reddy, MLA, Tandur Assembly, lodged a first information report with the Telangana Police alleging that three persons [not the petitioners before Kerala high court] met him and asked him to not contest as a candidate of the Telangana Rashtra Samithi (TRS) party. Instead, he was allegedly asked to resign from the regional party and join the BJP and offered an "amount of Rs 100 crores besides contract works of the Central government".

Reddy further alleged that the accused persons threatened to foist criminal cases on him in case he did not agree to their proposal. Pursuant to his complaint, Moinabad Police Station registered an FIR under Sections 120B, 171B, 171E, and 506 of the IPC r/w Section 34 of the IPC and under Section 8 of the Prevention of Corruption Act, 1988.

According to the petition filed before Kerala High Court, the accused in the MLA poaching case are said to have "conspired with one person Mr Tushar" who was allegedly introduced to one of the accused by Dr Jaggu Kottilil. 

The three staff members of Amrita hospital moved the anticipatory bail plea through Advocate K. Manoj Chandran after they were served with notices under Section 41(A) CrPC directing them to appear at the SIT office in Telangana.

When the matter was taken up today, the counsel appearing for the petitioners prayed for protection against coercive measures. It was also submitted before the Court that the Telangana High Court has already granted regular bail to main accused.

According to the petition, the three staff members of Amrita hospital have already appeared before the SIT and disclosed whatever information they have regarding Dr Jaggu. 

The petitioners have alleged that the investigating officer threatened them and told them that they would have to face dire consequences if they "failed to produce Dr Jaggu before him". 

The petitioners argue that they are not connected in any manner to the Telangana case and that they are residents of Kerala and are not interested in any of the political affairs of the State of Telangana.

It has also been argued that if the petitioners are arrested in connection with the case being probed by the SIT, serious prejudice and hardship will be caused to them.

Case Title: M. Sarath Mohan and others v. State of Kerala and others and Manilal K N v. State of Kerala