Andhra Pradesh High Court Grants Interim Bail On Medical Grounds To Former CM Chandrababu Naidu Arrested In Skill Development Scam Case

"Special Leave Petition to challenge the F.I.R. does not preclude him from seeking bail from either the Special Court or the High Court. It is nobody’s case that an application has been moved on behalf of the petitioner seeking interim bail on the health grounds and has been pending for consideration before the Hon’ble Apex Court."

The Counsel on behalf of Naidu had contended that on account of being 73 years old, he had developed ailments and needed appropriate medical care which could not be provided to him with the prison compound.

It was further contended that during the period of remand Naidu had developed Erythematous Papular Rash over his front chest, back palms and on intergluteal region and is a known case Diabetes Mellitus from 15 years. Further that upon getting checked, the team of Government Doctors had advised a series of tests and Naidu wished to take the tests from the doctors of his choice. "The above tests include the tests of vital organs like heart and lungs. As such, the petitioner seeks for interim bail," it was contended.

Lastly it was brought to the notice of the Court, that Naidu had undergone cataract surgery in June 2023 of the left eye and was advised to operate the right eye at the earliest. A series of letters from reputed medical practitioners and hospitals was relied on by Naidu to substantiate his claim.

The prosecution on the other hand claimed that there was no evident deterioration in Naidu's condition, that he was under constant observation by CCTVs and emphasized that all required tests could be conducted within the prison premises by expert State appointed Doctors.

It was suggested by the prosecution that Naidu appear before a medical board to ascertain his health. The prosecution also brought to the attention of the Court that Dr B. Srinivasa Rao, Civil Surgeon Specialist, Government Hospital, who had certified that Naidu needs instant eye surgery on the 25th October, had altered his statement on the same day saying that the cataract was still in its initial stages.

The Bench after hearing the arguments the Court held, "This Court places the health and well-being of an individual as the foremost consideration, irrespective of the gravity of the alleged offense. It's important to recognize that custody during the investigative phase should not be perceived as punitive."

The Court also did not appreciate the argument that the letters issued by Dr. B. Srinivasa Rao were contradictory and observed that both letters confirmed Naidu's cataract.

While allowing the interim bail application for 4 weeks, Naidu is directed to furnish two bail bonds of one lakh each. He is also granted liberty to conduct all tests under the supervision of his preferred doctors and submit the reports in a sealed cover to the superintendent of Central Prison, Rajamahendravaram, at the time of his surrender, who in turn is directed to forward it to the court.

Naidu is directed to surrender himself back on 28th November at 5pm.