The Kerala High Court has firmly clarified that individuals accused in serious criminal offences cannot evade incarceration simply by claiming illness. The Court, while interpreting the first proviso to Section 480(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, emphasised that Indian jails are equipped with adequate medical facilities to treat prisoners, and the courts should not grant bail solely on the grounds of alleged sickness without proper medical verification.
The Court’s observation came while rejecting bail applications filed by K.N. Anand Kumar, aged 70, involved in multiple financial scams including the infamous CSR Fund fraud. The accused was part of a scheme that collected crores from vulnerable individuals under the pretext of providing subsidized scooters, laptops, sewing machines, and other appliances through fake NGO claims.
“Our jails are well equipped to face any casualty to any prisoner. Therefore, simply because a person is sick, no court needs to release the petitioner invoking the first proviso to Section 480(1) of BNSS,”
– Justice P.V. Kunhikrishnan
Justice Kunhikrishnan reiterated that prisoners do not have the right to opt for luxury treatment unless a jail medical officer certifies that treatment inside the prison is inadequate.
Section 480(1) of BNSS restricts bail for individuals accused of non-bailable offences, especially those punishable with life imprisonment or death. However, the first proviso allows exceptions if the accused is:
- A child
- A woman
- Sick or infirm
The Court clarified that the “sick or infirm” exception should not be misused as a loophole.
“A person arrested in a serious case cannot be released simply because there is a claim of sickness. The jail doctor must report that the prisoner’s condition cannot be treated in prison,”
– Kerala High Court
The Court cited Rule 488 of the Kerala Prisons and Correctional Services (Management) Rules, 2014, which mandates a procedure if a prisoner is seriously ill. A medical board must verify illness claims suspected to be fake.
“An undertrial prisoner or convict cannot choose a hospital and pick a luxury room for treatment... They are going to jail, not for medical tourism,”
– Justice Kunhikrishnan
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The Court highlighted that unless a jail’s medical officer deems the treatment unavailable within prison, no special hospitalization should be considered.
Case Background: Anand Kumar’s Bail Plea
Anand Kumar, Managing Trustee of National NGO Confederation and associated with Sri Sathya Sai Gramam Global Trust, is accused in two major cases:
- Crime No. 733/2025: ₹7.59 crore fraud involving false promises of providing goods at half price using CSR and NGO funds.
- Crime No. 748/2025: ₹2.96 crore fraud from Kannur SEED Society members under a similar scheme.
Despite claiming a cardiac condition, the Court denied bail as his medical needs were already addressed within the prison system.
The Court had sought a detailed report from the Director General of Prisons, which confirmed:
- All central, district, and open jails have medical officers.
- Emergency care is available 24x7.
- Inmates are referred to premier government hospitals like RCC, SCTIMST, and Medical Colleges when needed.
- Psychiatric and homeopathic care is also available.
“Kerala’s prison system is capable of handling all medical emergencies,”
– DG Prison Report
The judgment also referenced the 2019 High Court Circular that outlined strict protocols for medical remand and ensuring jail custody over hospital preference.
Citing Bombay, Karnataka, Orissa, Rajasthan, and Jammu & Kashmir High Courts, the Kerala High Court underscored:
“The proviso for bail due to sickness applies only when the illness is untreatable within jail or is life-threatening. Mild ailments do not qualify.”
Justice Kunhikrishnan ruled:
“The first proviso to Section 480(1) of BNSS applies only in exceptional cases. Mechanical reliance on this clause without medical board verification is improper.”
The Court concluded that Anand Kumar’s case does not meet the required criteria, and his bail plea was dismissed.
“The person accused of criminal offences should know that they are going to jail and not for medical tourism.”
The Court thus dismissed the bail application.
Case No: BA 3680 of 2023
Case Title: K. N. Anand Kumar v State of Kerala and Another
