While dismissing his bail petition, Justice H N Nagamohan, however, granted him permission to take treatment in the hospitals-- Soukya International Hospital and Holistic Centre and Agarwal's Super Speciality Eye Hospital here--referred to in the affidavit filed by him, at his cost with police escort.
The court observed that the Supreme Court in its order on January 3, 2012 had directed police to provide better treatment to Madani by taking him to Kottakal Vaidyasala at Bangalore. Liberty was also reserved to the petitioner to approach the apex court for further direction if need arises, the court said.
"Admittedly, the petitioner has not approached the Supreme Court for further directions", the court said.
The court stated that from the material on record it was seen that as per the petitioner's request, medical treatment had been provided to him at Super Speciality Hospitals like Jayadeva Institute of Cardiology, Karnataka Institute of Diabetology, Minto Eye Hospital besides National Institute of Mental Health and Neuro Sciences, Kidwai Institute of Oncology, Soukya International Hospital, Kottakal Ayurvedic Hospital and Narayana Nethralaya.
"Further it is seen that necessary medical treatment is extended to the petitioner and there is no negligence on part of the respondent police." Even if the vision of petitioner is reduced, it cannot be attributed to police, the court observed.
The court referred to the reasoning given by the trial court while rejecting the bail plea on September 6 and said there was no changed circumstances to take a different view.
The Special Public Prosecutor submitted that Madani will be taken to the hospitals referred by him in the affidavit, for further treatment at his cost with police escort.
"In the circumstances, I am of the considered opinion that the petitioner is not entitled for bail but has to be permitted to take treatment in the above referred hospitals at his cost with police escort", the court observed.
Madani has been in judicial custody since Aug 17, 2010.
He is among 31 persons charge sheeted in the case relating to the July 2008 blasts that killed a woman and left 20 others injured.
