TMI Blog2023 (10) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... nly, he will directly and indirectly influence or cause deterrence to witnesses, if released on bail. The non-cooperation of the co-accused Mr.Ashok Kumar, who is blood brother of the petitioner also justifies the apprehension of Enforcement Directorate that, there is flight risk causing impediment in progress of trial. This Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. - Honourable Dr. Justice G.Jayachandran For the Petitioner : Mr.N.R.Elango, Senior Counsel, for Mr.N.Bharani Kumar For the Respondent : Mr.AR.L.Sundaresan, Additional Solicitor General, Assisted by Mr.N.Ramesh, Spl.P.P (ED) ORDER This Criminal Original Petition is filed to enlarg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kauvery Hospital on 17.07.2023 and sent back to prison. At the time of discharge, the petitioner was advised as under:- 1. Continue cardiac rehabilitation for 2 months. 2. Do not lift heavy objects for 2 months. 3. Shower and wash your incision daily with soap. Watch for any signs of infection such as redness, swelling, extreme tenderness, cloudy pus like discharge. 4. Continue Incentive Spirometry Breathing Exercise. 5. Walk daily for 20 minutes. Slowly increase your activity as tolerated. 6. DIET: Low salt and plenty of liquids (3Litres/day) 5. Later, the petitioner had been under constant medical supervision in the prison. He consistently reporting numbness in his left leg. Recently, the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel for the petitioner pleaded that, under the scheme of PMLA, Section 45 restricts grant of bail based on gravity of money laundered. The twin conditions mentioned in this Section is subject to the proviso which enables Court to grant bail if the accused is sick or infirm. In the instant case, the medical record adequately discloses 'Sickness' of the petitioner. The term 'Sickness' cannot be equated to terminal illness. Any person, who in need of continuous medication and medical care not fit to carry on his daily needs on his own, not able to sit or walk continuously for more than 10 minutes, will fall within the term 'sick' . He further submitted that, Mr.V.Senthil Balaji, the petitioner, having undergo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr.Ashok Kumar, one of the prime suspect in this case is still at large. Therefore, possibility of a). flight risk, b). influencing witnesses and c). tamper with evidence not be ruled out. 9. The following of judgments by the Hon'ble Supreme Court of India and High Courts were cited by the Learned Counsels on both sides to buttress their respective submission. 1). Vijay Mandanlal Chaudhary -vs- Union of India, reported in 2022 SCC Online SC 929. 2). Asst Director, Directorate of Enforcement -vs- N.Umashankar Others, order dated 22.11.2021 in SLP.No.7563 of 2021. 3). Union of India vs. Rattan Mallik Alias Habul reported in (2009) 2 SCC 624. 4). Surjeet -vs- State (Govt. of NCT of Delhi) report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne J K. 19). Sridhar Vandayar Another -vs- the State Rep. by Inspector of Police reported in 2000 SCC OnLine Mad 45. 20). P.Dharmaraj -vs- Shanmugam and others reported in 2022 SCC OnLine SC 1186. 21). Y.Balaji Vs. Karthik Desari and Another reported in 2023 SCC Online SC 645. 22). Sameer Mahandru -vs- Directorate of Enforcement reported in 2023 SCC Online Del 3606. 10. Heard the Learned Senior Counsel for the petitioner and the Learned Additional Solicitor General for the respondent/Enforcement Directorate. 11. The Line of judgments on either side taken into consideration. The health report of the petitioner does not appear to be a medical condition which could be taken care only if he is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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