High Court · 2025

Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23.04.2025CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P. Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025G.PrasathPetitioner in Crl.O.P. NO.11441 of 2025S.BoomadeviPetitioner in Crl.O.P. NO.11074 of 2025T.O.BijuPetitioner in Crl.O.P. NO.11257 of 20251.Tinku Udaya Moorthy2.Kuran Azad A3.Srinivas RPetitioners in Crl.O.P. Nos.11649 & 11729 of 2025N.SridharPetitioner in Crl.O.P. NO.11330 of 20251.Nirmal Arasan2.MageshwaranPetitioners in Crl.O.P. NO.12066 & 12065 of 2025Vs1/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025State Rep byThe Inspector of Police,CCB-II, EDF-III, Vepery,Chennai City, (Crime No.234 of 2024)Respondent in all Crl.O.P. No.11441 & 11330 of 2025State Rep by The Inspector of Police,Chennai Central Crime Branch,Chennai District.(Crime No.234 of 2024)Respondent in all Crl.O.P. No.11074 & 11257 of 2025The State rep. ByThe Assistant Commissioner of Police,CCB-I, Chennai.(Crime No.234 of 2024)...Respondent in Crl.O.P. No.11649 of 2025The State rep. ByThe Inspector of PoliceCCB-I, Chennai.(Crime No.234 of 2024)...Respondent in Crl.O.P. No.12066 of 2025The State rep. ByThe Inspector of Police,CCB-I, Chennai.(Crime No.233 of 2024)... Respondent in Crl.O.P.Nos.11729 & 12065 of 2025COMMON PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in Crime Nos.234 & 233 of 2025 on the file of the respondent Police.2/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025For Petitioners: Mr.Aneesh Vinayak in Crl.O.P. No.11441 of 2025 Mr.V.Premkumar in Crl.O.P. Nos.11074 & 11257 of 2025 Mr.N.R.Elango, Senior Counsel for Mr.J.Milton Pon Davidson in Crl.O.P. Nos.11649, 11729 of 2025 Mr.M.Soban in Crl.O.P. No.11330 of 2025 Mr.J.Milton Pon Davidson in Crl.O.P. Nos.12066 & 12065 of 2025 For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side) in all Crl.O.P. No.11330 & 11441 of 2025 Mr.S.Santhosh, Government Advocate (Crl.Side) in Crl.O.P. Nos.11649, 11257, 11074, 12066, 11729 & 12056 of 2025C O M M ON O R D E RThe petitioner in Crl.O.P. No.11441 of 2025, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 336(2), 336(3), 337, 340(2), 318 r/w 62 of BNS in Crime No.234 of 2024, on the file of the respondent police, seek anticipatory bail. (ii) The petitioners in Crl.O.P. No.11074, 11257, 11649, 11330, 12066, 12065 & 11729 of 2025, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 336(2), 336(3), 337, 340(2), 3/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025318 (4) r/w 62 of BNS in Crime No.234 of 2024, on the file of the respondent police, seek anticipatory bail. 2.(i) The case of the prosecution is that in order to secure medical seats through NRI Quota in Directorate of Medical Education and Research, Chennai (Selection Committee), the accused had forged NRI documents such as i)NRI Certificate of sponsor from the Embassy/High Commission in the country where the sponsor is working;ii)Affidavit proving relationship;iii)Sworn Affidavit from the Embassy/High Commission or from a Notary abroad.(ii) The allegation against the petitioner in Crl.O.P.No.11441 of 2025 [Prasath] is that he had collected documents from one Divya(A35) and sent to Accused Rahul through Whatsapp.(iii) The allegation against the petitioner in Crl.O.P.No.11074 of 2025 [Boomadevi] is that the petitioner runs Vitana Educational Consultancy, Madurai. She had collected documents from one candidate (A6) and created fake NRI documents (Fake Embassy Certificate, Relationship certificate) and she uploaded the same in the DME Portal for MBBS admission. 4/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025(iv) The allegation against the petitioner in Crl.O.P.No.11257 of 2025 [Biju] is that he runs Bright Educational Consultancy, Ernakulam, Kerala. He had collected documents from 6 candidates and created fake NRI documents for medical PG Admission. (v) The allegation against the petitioners in Crl.O.P. Nos.11649 & 11729 of 2025 (1. Tinku Udhayamoorthy, 2.Kuran Azad & 3.Srinivas) is that the petitioners 1 & 3 run Sri Sai Consultancy, Pallavaram Chennai. The second petitioner is the employee of the said consultancy. They have collected documents from 10 candidates and created fake NRI documents. (vi) The allegation against the petitioner in Crl.O.P. No.11330 of 2025 (Sridhar) is that he runs Carrier Next Academy in Nungambakkam. He had collected documents from 4 candidates and created fake NRI documents. (vii) The allegation against the petitioners in Crl.O.P. Nos.12065 & 12066 of 2025 (1.Nirmal Arasan 2.Maheshwaran) is that both the accused are employees of the Sri Sai Consultancy, Pallavaram, Chennai. 3. (i) The learned counsel for the petitioners submitted that the allegations are false; that they had nothing to do with the alleged forging of certificates and uploading the same in the website of Directorate of Medical 5/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025Education, Chennai; that they were either agents or they were running browsing centres for uploading documents given by the students; that there is nothing on record to show that they had gained monetarily in the alleged transaction.(ii) The learned counsels further submitted that the main accused have been arrested; that similarly placed co-accused were granted anticipatory bail in Crl.O.P. Nos.10774 & 11056 of 2025 dated 15.04.2025 (Crime No.233 of 2024); Crl.O.P. Nos.1223 of 2025 dated 22.01.2025 and Crl.O.P. Nos.10725 & 11058 of 2025 dated 15.04.2025 (Crime No.234 of 2025) and that in any case, the case is borne out by records and custodial interrogation of the petitioners, is not required for the purpose of investigation and sought for anticipatory bail.4. The learned Government Advocate (Crl.Side), reiterated the prosecution case and confirmed the fact that the petitioners were collected documents from the candidates and created fake NRI documents for getting PG medical admission and confirmed the fact that similarly placed co-accused were granted anticipatory bail in Crl.O.P. Nos.10774 & 11056 of 2025 dated 15.04.2025 (Crime No.233 of 2024); Crl.O.P. Nos.1223 of 2025 dated 22.01.2025 and Crl.O.P. Nos.10725 & 11058 of 2025 dated 15.04.2025 (Crime 6/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025No.234 of 2025). 5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police and perused the materials available on record.6. Admittedly, this Court, had earlier granted anticipatory bail in Crl.O.P. Nos.10774 & 11056 of 2025 dated 15.04.2025 (Crime No.233 of 2024); Crl.O.P. Nos.1223 of 2025 dated 22.01.2025 and Crl.O.P. Nos.10725 & 11058 of 2025 dated 15.04.2025 (Crime No.234 of 2025) to a person who had uploaded the documents given by students. It is for the prosecution to establish the allegations against the petitioners before the trial Court. Hence, considering the nature of allegations, the submissions on either side the fact that the similarly placed co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court, this Court is of the view that custodial interrogation of all the petitioners, is not required. Hence, this Court is inclined to grant anticipatory bail to all the petitioners with certain conditions.7/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 20257. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate for Exclusive Trial for CCB & CBCID Cases (Crl.O.P. No.11441 of 2024), Metropolitan Magistrate, Special Court for CCB and CBCID Cases, Egmore, Chennai (Crl.O.P. No.11074, 11257, 11330 of 2025), CCB and CBCID Court, Egmore (Crl.O.P. No.11649, 12066, 11729 & 12065 of 2025) on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;[b] the petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders.8/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025[c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala reported in [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.23.04.2025Index: Yes / NoInternet: Yes / Norkp9/10 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025SUNDER MOHAN., J.rkpTo1.The Inspector of Police, CCB-II, EDF-III, Vepery, Chennai City,2. The Judicial Magistrate for Exclusive Trial for CCB & CBCID Cases.3. The Metropolitan Magistrate, Special Court for CCB and CBCID Cases, Egmore, Chennai 4. The Judge, CCB and CBCID Court, Egmore 3.The Public Prosecutor, High Court, MadrasCrl.O.P. Nos.11441, 11074, 11257, 11649, 11330, 12066, 11729 & 12065 of 2025(8 cases)23.04.202510/10