Advocates:
['M/s Eswaran M', '', '', 'Lakshmana T', 'Vivek Bharathi M', 'Public Prosecutor', '', 'Ph', 'Memo of App filed R']

CRL OP(MD) No.2748 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Monday, the Twenty Ninth day of August Two Thousand and Twenty Two

PRESENT

The Hon`ble Mr.Justice M.NIRMAL KUMAR

CRL OP(MD) No.2748 of 2021

RASHEED

... PETITIONER/ACCUSED NO.17

Vs

THE STATE REP. BY,

1. THE INSPECTOR OF POLICE

CRIME BRANCH CID (SOUTH),

THENI, THENI DISTRICT.

(CRIME NO 1 OF 2019).

... RESPONDENT/COMPLAINANT

(*)2.THE SUPERINTENDENT OF POLICE

CBI-ACB, MADURAI DISTRICT.

... 2

nd RESPONDENT

(*)R2 SUO MOTU IMPLEADED AS PER

ORDER OF THIS COURT DATED

12/03/2021

IN

CRL.OP(MD)

NO.2748/2021 BY MNKJ.

For Petitioner : M/S.ESWARAN.M. Advocate

For Respondent : Govt. Advocate (Crl. Side)

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :-

This Court, while considering the bail application of one of

the accused namely, Rasheed, passed an order on 24.02.2021, directed

the Investigating Officer, CB-CID, to appear before this Court

along with the case diary. At that time, this Court made certain

observations in the order, dated 24.02.2021, which reads as

follows:-

“2.The learned Government Advocate (Crl.Side) would

submit that there are totally 21 accused in this case and

the rank of the accused is not fixed so far. The petitioner

is one of the accused who had played a main key role from

1/15

https://www.mhc.tn.gov.in/judis

CRL OP(MD) No.2748 of 2021

the state of Gujarat. He engaged brokers namely A12, A15

and A16 who approached the parents of students who had

registered for appearing in the NEET exam and by giving

them false promise, loured them and arranged for

impersonators. Inspite of the real students they appeared

for the medical examination. So far as in this case 1.26

crores have been collected by the accused persons. The case

has been registered on the complaint of the Dean, Theni

Medical College Hospital on the file of the Kanavilakku

Police Station and thereafter as per the Government order

the case has been transferred to the CBCID. It is further

seen that the main accused in this case namely Deepak who

hails from Gujarat and yet another accused namely Krishna

Singh said to have received Rs.35 lakhs. The petitioner is

the kingpin who had arranged impersonators who had contact

with the parents and students. The Deepak and the Krishna

Singh are not yet secured. The petitioner is life line of

the case who on one hand arranged brokers for approaching

the students and on the other hand main accused arranged

impersonators, hence strongly opposed for grant of bail.

3. On submission of the learned counsel for the

petitioner and the learned Government Advocate (Crl.Side)

this Court finds that it would be proper for the respondent

police to file status report with regard to the steps taken

by them in apprehending Deepak, Krishnasingh and others.

Further what was the interrogation made with the petitioner

during the police custody and why no police custody was

sought after 11.01.2021 and what are the materials seized

in this case.”

2.This Court, on 12.03.2021, considering the seriousness and

the injustice caused to the students, who appeared for National

Eligibility-cum-Entrance Test (NEET) Examinations, observed in

paragraphs Nos.2 and 3, as follows:-

“Today, the Deputy Superintendent of Police, Crime

Branch C.I.D., Madurai Range, and the respondent Police,

appeared and submitted that the investigation is going on

and they have collected various documents and also sent

instructions to the colleges and others to find out

impersonator and sent a letter to UIDAI seeking for

comparison of the photos and also the finger print

impression.

2.This Court finds that other than the State of Tamil

Nadu in no other State, such mal-practices have been

reported. The modus of the a