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Judgment
18 paragraphs · 354 wordsP.Somarajan, J.
This Court earlier grated interim bail to the petitioner for a period of two weeks with the specific condition that on the expiry of two weeks period, the
petitioner shall report back to the Superintendent of Central Prison, Thiruvananthapuram. Instead of complying with the abovesaid direction, the
petitioner again came up with the present application with a medical certificate. The certification is in the following lines:
“This is to certify that Mr.Noushar E, 45/M, MQ21012421, is a case of “CAD-IWMI (17/8/2020), Lysed with SK, Mild LV dysfunction, HTN/DM.DLP, now
having class II EA/DOE.†He requires CAG+/-PTCA for the same. Kindly do the needful.â€
Nothing mentioned in the certificate with respect to the nature of treatment required by the petitioner and whether he requires any emergent surgery
or otherwise. It is also not mentioned anywhere as to what kind of treatment is required by the petitioner. On the other hand, the certificate is seen
issued in a clandestine manner without specifying the nature of ailment or its gravity or the required treatment either by way of major surgery or minor
surgery. Earlier a report has been received from the Doctor attached with the jail, wherein it is stated that the petitioner is clinically fit and requires
only medication. No sufficient reason brought to the notice of this Court so as to extend the interim bail granted by this Court earlier. It is well settled
that all civil rights of a life convict would stand suspended. Unless there is warranting reason, it is not fit and proper to grant any further extension. As
such, the present application deserves only dismissal. The petitioner shall scrupulously follow the earlier order passed by this Court by reporting before
the concerned prison officer.
The petitioner will be at liberty to apply for an interim order as and when required on sufficient reason in future. There will be a direction to the jail
authorities to give proper treatment to the petitioner and report to this Court, if any expert treatment is required which is not available with the
machinery attached to the jail.
Post the appeal for final hearing.