2023 (10) TMI 1094

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ested on 14.06.2023 for the alleged offences punishable under Section 3 & 4 of Prevention of Money-Laundering Act, 2002, in C.C.No.9 of 2023, in ECIR No.MDSZO/21/2021, on the file of the respondent/Enforcement Directorate, seeks bail. 3. Mr.N.R.Elango, Learned Senior Counsel appearing for the petitioner submitted that the petitioner confines the prayer for bail on the ground of sickness and not on merits. Relying upon the medical records pertaining to the health condition of the petitioner and the proviso to Section 44(1)(ii) of Prevention of Money-Laundering Act, 2002 ("PMLA") and proviso to Section 437/439 of Cr.P.C., which deals about grant of bail on the ground of sickness, the Learned Senior Counsel for the petitioner herein submitt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of Chest discomfort, Head ache and left leg numbness. The team of Doctors medically examined the petitioner and had given a case summary on 09.10.2023. The treatment report and discharge summary indicates as below:- "Senior Consultant Cardio thoracic surgeon TN. Govt. Multi Super-speciality Hospital, Omandurar Dr.S.Manoharan M.S. Mch. Opinion obtained. Vital stable. CABG and graft site scar healthy. Cardiac evaluation - ECG, ECHO and Troponin found to be normal. Adviced - Continue same line of management. HOD and Professor of Cardiology opinion obtained. History as recorded. Vitals stable. Serial ECG taken - SR, q in III, avf. non-specific T wave inversion in V....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rt. 7. Mr.AR.L.Sundaresan, Learned Senior Counsel/Additional Solicitor General representing Enforcement Directorate submitted that, the medical report relied by the petitioner though indicate he is 'sick', the said ailment is not of a nature which requires medical care which is not available in the prison. The proviso to Section 45 (1)(ii) of PMLA, cannot be resorted in all cases of sickness. The exemption to Section 45(1)(ii) of PMLA, under its proviso can be exercised only in case of sickness or infirmity so grave that, it is life threatening and cannot be treated in the prison Hospital or Government Hospital. In the case of this petitioner, a team of eminent Doctors of Government Stanley Hospital has examined him and had not r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f Investigation reported in 2011 SCC Online Del 2967. 6). Rajkishor Gunnidhi Dash -vs- State of Maharashtra reported in 2020 SCC OnLine Bom 1126 7). Akhtar Parwez -vs- State of West Bengal reported in 2022 SCC OnLine Cal 471. 8). Nasir Abdul Kadar Kevel alias Nasik Dhaklya -vs- State of Maharashtra reported in 2018 SCC OnLine Bom 1562. 9). Directorate of Enforcement -vs- Raj Singh Gehlot, dated in CRL.M.C.4711/2022. 10). State through Deputy Commissioner of Police, Special Branch, Delhi -vs- Jaspal Singh Gill reported in (1984) 3 SCC 555. 11). State of U.P. -vs- Gayatri Prasad Prajapati reported in 2020 SCC OnLine SC 843. 12). Megala -vs- State rep. by Dy. Director, Madras High ....