Factual Matrix 

In the Matter at hand M Sivasankar v Union of India, a request for temporary release on medical reasons was made by M. Sivasankar, a former principal secretary to Kerala CM Pinarayi Vijayan.M. Sivasankar requested bail because he needed post-operative treatment and spinal cord decompression surgery. One of the defendants in the LIFE Mission money laundering case is Sivasankar. Because Sivasankar is a well-known figure and his release on bail may affect the probe, the Enforcement Directorate vehemently opposed it. In addition, it was recommended that he may be kept in court custody while being transported at his own expense to the hospital of his choice. According to sources, M. Sivasankar was detained by the ED in February 2023 and has been since. Before the Special Court in Kochi, he had requested bail, but it was denied. A Special Leave Petition filed before the Supreme Court cleared the door for him to petition before the Special Court for interim release for medical emergencies after the identical application before the High Court was also denied. When he went to the High Court after the Special Court once more refused his bail request because he couldn’t show that there was an urgency, the High Court advised Sivasankar to apply for release before the Supreme Court, which led to the current situation.

Analysis of Court Order 

A two-month interim bail was granted on medical grounds by the division bench of Supreme Court Justices A.S. Bopanna and M.M. Sundresh. As a result, while granting release, the Court only permitted visits to the hospital and his residence for the two months specified in the bail agreement.

CASE NAME – M Sivasankar v Union of India And Anr SLP(Crl) No. 5590/2023