Tikat Jackson @ Diccot Jeckson Vs The State of… — Education and Admissions | Madras HC (2025)

Tikat Jackson @ Diccot Jeckson Vs The State of… — Education and Admissions | Madras HC (2025)

CRL RC(MD)No.585 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 26.08.2025

PRONOUNCED ON : 20.11.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

CRL RC(MD)No.585 of 2025

and

CRL MP(MD)No.6460 of 2025

Tikat Jackson @ Diccot Jeckson .... Petitioner

Vs.

1.State of Tamil Nadu

Rep. by the Sub-Inspector of Police, Arupukottai Town Police Station, Virudhunagar District.

2.The Ministry of Family & Welfare Department, Government of India, New Delhi.

3.The State of Tamil Nadu, Rep. by the Director General of Police, Chennai.

4.The Secretary, National Medical Commission, Pocket -14, Sector -8, Dwarka Phase – I, New Delhi – 110 077.

5.NEHM of India, Rep. by its Secretary, C2C/123, Pocket – 12, Janak Puri, New Delhi – 110068.

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6.Tamilnadu Electropathy Medical Confederation, Rep. by its President, Plot No. 15, Narayanaswamy Street, Thandavamoorthy Nagar, Valasaravakkam, Chennai – 600 087. ... Respondents

(R-2 and R-3 are suo-motu impleaded as per order of the Court dated 23.06.2025 in Crl.RC(MD)No.585 of 2025)

(R-3 is suo-motu impleaded as per the order of the Court dated 07.07.2025 in Crl.RC(MD)No.585 of 2025)

(R-4 is suo-motu impleaded as per order of this Court dated 21.07.2025 in Crl.RC(MD)No.585 of 2025)

R-5 and R-6 are impleaded as per the order of this Court dated 07.08.2025 in Crl.MP(MD)No.8704/2025 in Crl.RC(MD)No.585 of 2025)

PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to set aside the Condition Nos. ii to iv in the Bail Order passed by the Court of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur in Cr. M.P. 793 of 2025 dated 07.03.2025 and the consequential order in Cr.M.P. 1409 of 2025 dated 22.04.2025.

For Petitioner : Mr.Isaac Mohanlal, Senior Counsel, For M/s. Isaac Chambers. For R-1 & R-3 : Mr.S.Ravi, Additional Public Prosecutor For R-2 : Mr. K. Govindarajan, Deputy Solicitor General of India, Assisted by Mr. Poornachandran, CGSC.

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For R-4 : M/s.Subharanjani Anand, Standing counsel For R-5 : Mr.B.Saravanan, Senior Counsel, For M/s. Saravanan Associates For R-6 : Mr. B.Nagarajan ORDER

This Criminal Revision Case is filed seeking to set aside/modify conditions (ii) to (iv) in the order dated 07.03.2025 in Cr.M.P. No. 793 of 2025 and the consequential order dated 22.04.2025 in Cr.M.P. No. 1409 of 2025.

Case background and impugned conditions:

The petitioner founder/ Principal of “Tamil Nadu College” at Aruppukottai, is accused in Crime No. 87 of 2025 of Aruppukottai Town Police Station, registered for offences under Sections 316(2), 318(4) @ 316(2), 318(4), 296(b), 351(2) BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The occurrence took place on 08.02.2025 and the petitioner was in custody from 15.02.2025 for nearly 20 days.

Allegations, in gist, are that the said institution ran unrecognised courses including a 4½ year B.E.M.S. in Electro-

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Homeopathy, misrepresented affiliation with Dr. MGR Medical University, branded itself as “Electro-Homeopathy Medical College/Medical Sciences”, collected substantial fees to a tune of at least Rs.4,00,00,000/- (Rupees Four Crores only), and that protests ensued when students allegedly found a different examining body’s question papers.

On 07.03.2025, the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur, granted bail with, inter alia , a direction to deposit Rs.40,00,000/- (Rupees Forty Lakhs only) with the District Legal Services Authority (herein after to be mentioned as DLSA), Virudhunagar, to be utilised for refunding fees to students wishing to exit, and Condition No.4 requiring the petitioner to keep depositing additional amounts “as per requirement” if Rs.40,00,000/(Rupees Forty Lakhs only) was inadequate. Subsequently, co-accused, on anticipatory bail, deposited Rs.5,00,000/- (Rupees Five Lakhs only) and Rs.6,00,000/- (Rupees Six Lakhs only). Thus, Rs.51,00,000/(Rupees Fifty One Lakhs only) came to be held by DLSA.

On 22.04.2025, in Cr.M.P. No. 1409 of 2025, the learned

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Sessions Court rejected the petitioner’s objection to disbursal pending trial and directed implementation of the earlier bail order. As per DLSA’s report placed before this Court, out of Rs.51,00,000/- (Rupees Fifty One Lakh only), Rs.40,79,400/- (Rupees Forty Lakhs Seventy Nine Thousand and Four Hundred only) has been disbursed to 201 students and about 40 applications are pending for want of bank particulars. Balance amount of Rs.10,20,600/- (Rupees Ten Lakhs Twenty Thousand and Six Hundred only) remains.

This Court, to obtain a holistic view in aid of the limited bailrevision question, suo-motu impleaded (i) Ministry of Health and Family Welfare, Government of India (R2), (ii) DGP, Tamil Nadu (R3), and (iii) Secretary, National Medical Commission (R4).

Submissions:

The learned senior counsel Mr.Issac Mohanlal appearing for the petitioner, confined his challenge to bail conditions, particularly Condition No.4 as open-ended/onerous, does not seek recall of amounts already disbursed, seeks that the balance Rs.10,20,600/- (Rupees Ten Lakhs Twenty Thousand and Six Hundred only) be tagged to the crime number and kept in an interest-bearing deposit, and that further

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disbursal, if any, be structured and not require indefinite top-ups. On the merits, the learned senior counsel asserts multiple boards/courses with stated affiliations; “Bachelor” terminology is conceded to be improper and stated to be withdrawn. “Affiliation from MGR University” is said not to have been represented in application forms.

The learned Additional Public Prosecutor Mr.S.Ravi supported the conditions as student-protective and proportionate to alleged misrepresentation and the scale of collections, insisted the branding and a B.E.M.S. (Bachelor) programme are themselves deceptive; Condition No.4 is justified because the quantum of claims may far exceed Rs.51,00,000/- (Rupees Fifty One Lakh only).

The learned counsel appearing for the 2^nd respondent contended that the Union Government has reiterated its consistent position since 2003 that Electro-Homeopathy is not a recognised system of medicine. No degree/post-graduate programmes and no use of the prefix “Dr.” are permissible. However, there is no ban on practice or imparting education as a mode/therapy between 25.11.2003 and 05.05.2010 policy framework, while an Inter-Departmental Committee (IDC)

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continues to examine questions of recognition. The Ministry of Health and Family Welfare, Government of India (Research Desk), in this regard has passed an order in No.R.14015/25/96-U&H(R)(Pt.) dated

25.11.2003 and the same is extracted as follows:

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Further on 05.05.2010, yet another order was issued by he

Ministry of Health and Family Welfare, Government of India (Research Desk) in No.V.25011/276/2009-HR and the same is extracted as follows:

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Later on 08.11.2024, another order was issued by the Ministry of Health and Family Welfare, Government of India (Research Desk) in No.P-11017/01/2022-IIRI(ASM)/8194354 and the same is extracted as follows:

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He further emphasised that non-recognition persists and the registration as medical practitioners or use of “Dr.” is impermissible. The Courts may not compel policy timelines.

The learned Senior Counsel, Mr.B.Saravanan, appearing for the 5^th respondent, pointed to a line of central communications/Court orders that, while declining recognition, have not banned practice/education as a mode/therapy and he urges against criminalisation pending definitive policy. To buttress his arguments, he cites the Rajasthan Electropathy Act, 2018, to demonstrate one model of regulation.

14. Questions for determination:

(i) Whether, despite having availed bail, the petitioner is maintainably entitled to seek modification of onerous conditions under Section 483 BNSS, 2023?

(ii) Whether Conditions (ii)–(iv) of the learned Sessions Court’s order, particularly Condition No.4 (indefinite replenishment), are legally sustainable as reasonable bail conditions?

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(iii) How should the balance amount with DLSA be safeguarded/operationalised pending trial without pre-judging civil/criminal liabilities?

The law on bail conditions:

Section 483 BNSS ( pari materia with Section 439 Cr.P.C., 1973) vests the High Court/ Court of Session with wide discretion to impose conditions while granting bail. That discretion is judicial, reasoned, and bounded by the purposes of bail securing presence of the accused, ensuring non-tampering, non-repetition of offences, and orderly investigation/trial. Bail conditions cannot be punitive, compensatory, or such as to pre-adjudge liability.

The Hon'ble Supreme Court has consistently held that onerous and excessive conditions which virtually amount to denial of bail or convert bail into an instrument of recovery/compensation are impermissible as held in Sumit Mehta v. State (NCT of Delhi)¹ , Satender Kumar Antil v. CBI² . While conditions to surrender

1 (2013) 15 SCC 570

2 (2022) 10 SCC 51

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passport, mark attendance, not visit certain places/persons, etc., are routine and valid, Courts have frowned upon open-ended monetary exactions linked to the quantum of alleged defalcation/dues, since such directions trench upon the province of trial and civil remedies.

As to maintainability, it is equally well-settled that onerous or unworkable bail conditions may be modified/relaxed by the Hon'ble High Court in revision/inherent jurisdiction even if bail was earlier accepted. Acceptance of bail does not estop the accused from seeking judicial review of a condition that is excessive or subsequently shown to operate harshly.

Heard the learned Counsels on either side and carefully perused the materials available on record.

Analysis:

The petitioner’s challenge, focused on the nature and sweep of Conditions (ii) to (iv), particularly Condition No.4, is maintainable. A Court of revision may mould/scale conditions to fit the legitimate object of bail and to avoid punitive outcomes at interlocutory stages.

Condition No.(ii) return of originals/TC and refund of fees to students who wish to leave and Condition (iii) DLSA to process claims

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and disburse, after deducting mess/actuals, in consultation with the principal/authorised person, were framed to defuse campus unrest, protect students, and ensure administrative fairness. At the time of arrest and release on bail, these temporary arrangements were aimed at peace to the management rather than adjudication of rights. Indeed, this Court notes that 201 students have already been paid through DLSA and no recall of those disbursals is sought by the petitioner.

However, Condition No.(iv) that if the initial deposit is insufficient, the petitioner “should deposit the additional amount as per requirement” is unbounded in quantum and time, bears no nexus with securing presence or preventing interference with investigation, and effectively converts bail into a running restitutionary mechanism pegged to disputed claims which are matters for trial/civil process. Left untouched, this clause risks becoming punitive, may cripple defence, and pre-judges liability contrary to the presumption of innocence.

The learned senior counsel for the petitioner argued that: (i) the scale of loss/liability is unadjudicated; (ii) civil/statutory remedies like consumer protection, restitution, cheating charges on proof,

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attachment under Cr.P.C./BNS, etc., exist; and (iii) victim compensation is a matter for statute/trial/sentencing not for open-ended bail conditions. Hence, Condition No.(iv) cannot be sustained.

It is the considered view of this Court that, as regards Conditions (ii) and (iii), they may be retained with safeguards/clarifications to prevent prejudice. Narrowly tailored, student-centric interim facilitation through a neutral body like DLSA can continue without casting any adjudicatory imprimatur on merits.

With Rs.51,00,000/- (Rupees Fifty One Lakhs only), Rs. 40,79,400/- (Rupees Forty Lakhs Seventy Nine Thousand and Four Hundred only) disbursed and Rs.10,20,600/- (Rupees Ten Lakhs Twenty Thousand and Six Hundred only) remaining, it is appropriate to preserve the balance in an interest-bearing Deposit in the name of the Principal District Judge-cum-Chairperson, DLSA, Virudhunagar, tagged to Crime No. 87 of 2025.

For pending/future claimants who wish to withdraw from the institution, DLSA may process claims only upon: (a) obtaining verified

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identity, admission and fee proofs, and bank particulars; (b) issuing a short notice to the Investigating Officer and to the petitioner/authorised representative to place material on actual dues/deductions (e.g., mess, uniforms, consumables already supplied); and (c) making a brief speaking note recording prima facie verification. Disbursals shall be made from the existing corpus and accrued interest only. No further deposit shall be insisted upon as a condition of bail.

For the avoidance of doubt, payments already made shall not be reopened at the instance of the petitioner in this revision or in future. Equally, no student will be foreclosed from pursuing independent civil/statutory remedies for any balance claims, and the petitioner will be at liberty to set up defences/set-offs therein.

The learned Additional Public Prosecutor appearing for the State fairly concedes that several institutions in Tamil Nadu purport to run Electro-Homeopathy/NEHM-linked courses. This Court is of the considered view that selective action against one institution undermines parity and creates disorder. While the present order confines itself to bail, this Court observes that uniform enforcement after a state-wide

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verification is indispensable. The 4^th respondent (DGP) shall place this observation before the Health & Family Welfare Department for appropriate policy-level coordination. It is needless to add, any coercive action must be lawful, even-handed, and reasoned.

The learned Counsel appearing for the 2^nd respondent submitted that, the stance of “not recognised, but not banned as a mode/therapy” has persisted since 25.11.2003, for the past nearly 22 years. This prolonged policy limbo has spawned litigation, student distress, and ad-hoc policing. While this Court cannot dictate timelines to the executive, the 3^rd respondent (Ministry of Health and Family Welfare) may consider expediting the IDC (Inter-Departmental Committee) process to a reasoned conclusion so that citizens, students, and States are not left to navigate uncertainty.

In fine, this Criminal Revision is partly allowed on the following terms:

(a) Condition No.4 in the order dated 07.03.2025 in Cr.M.P. No. 793 of 2025, requiring the petitioner to keep depositing additional amounts “as per requirement”, is set aside as onerous and beyond the legitimate purposes of bail.

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(b) Conditions (ii) & (iii) are modified/clarified thus:

DLSA, Virudhunagar, shall continue to receive and process voluntary exit-refund claims from students who opt to discontinue, upon documentary verification and after giving short notice to the Investigating Officer and the petitioner/authorised representative to place materials on deductions actually incurred.Disbursals shall be made only out of the existing Rs.51,00,000/- (Rupees Fifty One Lakhs only) corpus and accrued interest. No further deposit shall be demanded as a condition of bail. The process shall be administrative and facilitative, on a first come basis, not adjudicatory and any residual disputes are left open to appropriate civil/statutory forums.

(c) The balance Rs.10,20,600/- (with any further interest) shall be placed by DLSA in a short-term auto-renewal Deposit in the name of the PDJ-cum-Chairperson, DLSA, Virudhunagar, tagged to Crime No. 87 of 2025, and shall be withdrawn from time to time for disbursal of claims on a first come first serve basis.

(d) The order dated 07.03.2025 in Cr.M.P. No. 793 of 2025 is modified to the extent it directs unconditional implementation of Condition No.4; it shall now be read in consonance with directions in paras 29 (a) to (c) above.

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(e) The remaining bail conditions viz., execution of bond with sureties, daily appearance as ordered (liberty to seek appropriate variation before the learned Trial Court), non-tampering, and attendance during investigation/trial shall continue.

(f) Without prejudice to the investigation/trial, the petitioner shall, within two weeks, file before the Investigating Officer and DLSA, a written undertaking that (i) the institution shall not use the prefix “Dr.” for its trainees/faculty unless otherwise legally permitted, (ii) no “Bachelor/Master” nomenclature shall be used for any course Electro - Homeopathy, and (iii) all signage/prospectus/digital material shall eschew any reference suggestive of affiliation/recognition other than what is lawfully held.

Nothing in this judgment shall be construed as an expression on the merits of (i) the recognition of any system, (ii) legality of any course, (iii) alleged misrepresentation, or (iv) quantum of any civil/criminal liability. All contentions are left open to be adjudicated on evidence.

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3 rd and 4

Registry is directed to communicate this order forthwith to the

3^rd and 4^th respondents, PDJ-cum-Chairperson, DLSA, Virudhunagar, the Investigating Officer, and the learned Trial Court for compliance. Consequently, connected Miscelleneous Petition is closed.

In fine, this Criminal Revision case is partly allowed.

20.11.2025

NCC : Yes / No Index : Yes / No Internet : Yes Sml

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To

1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur.

2.The Sub-Inspector of Police, Arupukottai Town Police Station, Virudhunagar District.

3.The Ministry of Family & Welfare Department, Government of India, New Delhi.

4.The Director General of Police, Chennai.

5.The Secretary, National Medical Commission, Pocket -14, Sector -8, Dwarka Phase – I, New Delhi – 110 077.

6.The Secretary, NEHM of India, C2C/123, Pocket – 12, Janak Puri, New Delhi – 110068.

7.The President, Tamilnadu Electropathy Medical Confederation, Plot No. 15, Narayanaswamy Street, Thandavamoorthy Nagar, Valasaravakkam,

Chennai – 600 087.

8.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.,

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CRL RC(MD)No.585 of 2025

20.11.2025

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