Kerala

Kerala High Court turns down Ebrahim Kunju’s bail plea

V.K. Ebrahim Kunju. File photo.  

The High Court on Monday dismissed a bail plea of former Public Works (PWD) Minister V.K. Ebrahim Kunju in the Palarivattom flyover corruption case.

Justice P.V. Kunhikrishnan, while dismissing the bail petition of the Indian Union Muslim League leader, observed that the investigation was on in the case and very serious allegations had been levelled against the former Minister. Therefore, the petitioner could be released on bail at this stage.

The petitioner submitted that he was suffering from multiple myeloma with renal failure and had been undergoing treatment at a private hospital in Kochi since April 2020. Hence, he sought bail on medical grounds.

Arrested in Nov.

Rejecting the contention, the court pointed out that the petitioner, arrested on November 18, was now treated by a doctor of his choice. A person who got admitted to a hospital of his choice a day before his arrest and was being treated by a doctor of his choice was not entitled to the benefit of the first proviso to Section 437(1) of Cr.PC (granting bail on medical grounds), especially when the treatment was going on. Therefore, the petitioner is not entitled to bail at this stage on medical grounds.

The court also noted that the report of a medical board constituted on the directive of the Muvattupuzha Vigilance Court suggested that it was better for him to have hospital care until his clinical and hematological parameters improve, especially because of his immunocompromised state.

‘May apply for bail anew’

The court granted Mr. Kunju the liberty to move a fresh bail petition once he was discharged from the hospital and removed to a prison.

Opposing the bail plea, State Attorney K.V. Sohan submitted that a wide conspiracy was involved in the case and further questioning of the petitioner was necessary. The Vigilance wanted to question the petitioner based on several documents and also based on the statements given by the other witnesses. Besides, he was a politician who might influence the witnesses in this case.

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Printable version | Apr 20, 2021 1:19:47 PM | https://www.thehindu.com/news/national/kerala/ebrahim-kunjus-bail-plea-dismissed/article33327369.ece

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