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Synopsis

The Supreme Court today extended the medical bail granted to former Principal Secretary to Kerala Chief Minister Pinarayi Vijayan, M. Sivasankar by two months.

A bench of Justices AS Bopanna and MM Sundresh has extended the bail after taking into account the further treatment Sivasankar has to go through.

Court was told today that Sivasankar is in rehabilitation and would be undergoing a spinal surgery in October.

On August 2nd, Supreme Court had initially granted bail to Sivasankar observing that the accused officer should not visit any place except the hospital and his residence during the bail, which includes the time period for the surgery and for post-operative care.

Sivasankar, an IAS officer, has been accused in multiple cases, including the LIFE mission housing project corruption case. According to news reports, the Enforcement Directorate (ED) case is based on an FIR by the Central Bureau of Investigation (CBI), according to which the project was funded by a foreign entity in violation of the Foreign Contribution Regulation Act (FCRA).

The division bench of Justice A.S. Bopanna and Justice M. M. Sundresh had allowed interim bail on medical grounds taking note of the fact that the doctors had recommended surgery for the Chief Minister's close aide. The Solicitor General of India, Tushar Mehta had opposed the bail, stating that he could influence the ongoing probe in the case. 

"We have had a bad experience with interim bail becoming final or regular. Let him take medical treatment but let it be overseen in judicial custody," the law officer had said, while adding that the accused is influential. 

The Special Leave Petition seeking interim bail was filed in Supreme Court after the accused withdrew his petition for the same from Kerala High Court.

In February 2023, he was arrested for the third time by the Enforcement Directorate in the LIFE mission housing scam, which was an offshoot of the gold smuggling case in Kerala. 

Case Title: M Sivasankar vs. Union of India