Madras High Court
D.D.Deenadayalan vs The State Represented By on 16 July, 2021
Crl.O.P.Nos.11007 of 2021 and batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.Nos.11007, 11008, 11009, 11010, 11011, 11012, 11015, 11051,
11052, 11054, 11055, 11056, 11058, 11059, 11161, 11162, 11163, 11164,
11165, 11167, 11168, 11169, 11170, 11172, 11173, 11174 & 11175 of 2021
Crl.O.P.No.11007 of 2021
D.D.Deenadayalan ... Petitioner in all cases
Vs.
The State represented by,
Inspector of Police,
District Crime Branch,
Thiruvallur District. ... Respondent in all cases
PRAYER in Crl.O.P.No.11007 of 2021: Criminal Original Petition is filed
under Section 482 of the Code of Criminal Procedure, to direct the learned
Judicial Magistrate, Thiruthani to recall the Non Bailable Warrant issued
against the petitioner in C.C.No.60 of 2018, dated 10.02.2021 pending on the
file of the learned Judicial Magistrate, Thiruthani.
In all cases:
For Petitioner : Mr.A.Saravanan
For Respondent : Mr.E.Raj Thilak,
Government Advocate (Crl. Side)
*****
COMMON ORDER
The petitioner, who is the first accused in all the cases, has filed these
petitions to recall the Non Bailable Warrants issued against him in all the
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Crl.O.P.Nos.11007 of 2021 and batch
cases, dated 11.01.2021, 21.01.2021, 27.01.2021, 01.02.2021, 06.02.2021,
10.02.2021, 16.02.2021, 17.02.2021, 22.02.2021, 23.02.2021, 24.02.2021,
26.02.2021, 01.03.2021, 05.03.2021, 09.03.2021, 10.03.2021, 17.03.2021,
15.04.2021 and 04.05.2021 by the learned Judicial Magistrate, Thiruthani.
2.The learned counsel for the petitioner submitted that the petitioner is
the Chairman and Managing Trustee of M/s.D.D Medical and Educational
Trust. M/s.D.D Medical College and Hospital was established by the
petitioner in the year 2010 and was affiliated to the Tamil Nadu Dr.M.G.R
Medical University. For the academic year 2010-2011, the entrance exam was
conducted by the Dean of M/s.D.D Medical College and Hospital. The
admission of the students was subjected to approval of MCI University and as
per the guidelines of the Hon'ble Apex Court. Accordingly, totally 150
students were admitted in M/s.D.D Medical College and Hospital by the Tamil
Nadu Dr.M.G.R Medical University and approved by MCI. All exams were
conducted by the Tamil Nadu Dr.M.G.R Medical University for the first,
second and third year MBBS students and the university examination results
were duly published in the website of the Tamil Nadu Dr.M.G.R Medical
University. For the subsequent academic year 2011-2012, the renewal
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Crl.O.P.Nos.11007 of 2021 and batch
permission for the admission of students for the academic year 2011-2012 was
granted by MCI and the same was kept with custody of the then Secretary,
MCI viz., Sangeetha Sharma, who demanded Rs.30 Crores for communication
of the order of renewal of permission and approval for admission of students.
Thereafter, the petitioner lodged a complaint dated 22.07.2011 to the Central
Vigilance Commission and to the Director of the Central Bureau of
Investigation and other officials. Finally, the MCI statutory body was
dissolved on 25.09.2020 due to number of malpractices. The refusal for
renewal of permission, the petitioner's College had filed Writ Petitions, Writ
Appeals before this Court and later, SLP was preferred before the Hon'ble
Apex Court. Pending litigations, for the academic year 2012-2013, the
students were also admitted. Since the petitioner made complaint against MCI
to the Central Vigilance Commission and to the Director of the Central Bureau
of Investigation, the petitioner was targeted and victimized.
3.The learned counsel further submitted that the petitioner's college had
given an advertisement in the newspaper for the academic year 2011-2012 and
2012-2013 and the entrance conducted was by the Dean of M/s.D.D Medical
College and Hospital and list of meritorious students and their ranks were
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Crl.O.P.Nos.11007 of 2021 and batch
posted in the college website and same were submitted to the Tamil Nadu
Dr.M.G.R Medical University for their perusal and consideration. In the
advertisement, it is clearly mentioned that the admission is provisional,
subject to approval by MCI University or direction of this Court. This being
the case, several students, their parents and others lodged a complaint against
the petitioner for offence under Sections 406, 420, 204(b) and 506(i) r/w 34
IPC. During the year 2012-13, totally 35 cases have been registered and final
report have been filed in all the cases are as follows:-
S.No. Crime Number Case Number
12 Crime Nos.26, 27 & 28 of 2013 C.C.No.62 of 2018
13 Crime Nos.29, 30 & 31 of 2013 C.C.No.63 of 2018
14 Crime Nos.32, 33 & 34 of 2013 C.C.No.64 of 2018
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Crl.O.P.Nos.11007 of 2021 and batch
S.No. Crime Number Case Number
16 Crime Nos.35, 36 & 37 of 2013 C.C.No.80 of 2018
17 Crime Nos.38, 39 & 40 of 2013 C.C.No.81 of 2018
23 Crime Nos.54, 56 & 58 of 2018 C.C.No.108 of 2018
31 Crime Nos.57, 59 & 63 of 2013 C.C.No.37 of 2019
33 Crime Nos.69, 71 & 72 of 2013 C.C.No.39 of 2019
4.During the pendency of the above cases, the petitioner filed discharge
petitions in almost all the cases. The discharge petitions were dismissed by
the trial Court without granting sufficient time to argue the case. Thereafter,
the petitioner applied for certified copy of the orders to file revision against
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Crl.O.P.Nos.11007 of 2021 and batch
the dismissal of the discharge petitions. Sofar the petitioner has not received
the order copies and the petitioner's statutory right was curtailed.
5.The learned counsel for the petitioner further submitted that the
petitioner has been regularly appearing before the trial Court till December
2020. In the month of December 2020, the petitioner tested positive for
COVID-19 and took treatment for the same. The petitioner is having Chronic
Sugar level, high blood pressure and heart issues and he was advised to take
bed rest and to avoid movement and he was prone for COVID-19 because of
the other health issues and hence, he had to be in self isolation almost all the
period. During quarantine, the petitioner was regularly represented through
his counsel before the trial Court. The petitioner filed a memo informing the
trial Court about his health condition. This Court as well as the Hon'ble Apex
Court had given directions not to take coercive action in view of the
prevailing COVID-19 pandemic situation. On the other hand, the trial Court
recorded that due to the direction of this Court to complete the cases within a
period of three months, the petitioner not informed the place of treatment, the
petitioner despite aware about the directions of this Court, failed to produce
the medical records and except the petitioner, the other accused are appearing
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Crl.O.P.Nos.11007 of 2021 and batch
before the trial Court, issued the Non Bailable Warrants against him in the
following cases:-
S.No. Calender Case Date of Warrant
Number Issued
1. C.C.No.21 of 2013 11.01.2021
2. C.C.No.22 of 2013 21.01.2021
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Crl.O.P.Nos.11007 of 2021 and batch
S.No. Calender Case Date of Warrant
Number Issued
6.The learned Government Advocate (Crl. Side) appearing on behalf of
the respondent submitted that the petitioner is the cause for the delay in
progress of the trial. In this case, the final reports have been filed from the
year 2013 onwards till 2019. The petitioner by adopting dilatory tactics,
dragging on the proceedings and not allowing the trial Court to complete the
trial. There is a direction of this Court to complete the trial within a stipulated
period. The petitioner though informed through the memo that he is taking
treatment for COVID-19 and he is in self isolation, the particulars and details
were not submitted to the trial Court. Hence, Non Bailable Warrants were
issued against him. The petitioner is absconding accused and all efforts are
taken to secure him. He would be secured shortly.
7.This Court considered the rival submissions and perused the materials
available on record.
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Crl.O.P.Nos.11007 of 2021 and batch
8.The Non Bailable Warrants have been issued from the month of
January 2021 to May 2021 against the petitioner in the above cases. Till date
the respondent Police is unable to execute the warrants. Now, the petitioner
has come forward to recall the Non Bailable Warrants with an undertaking that
he will cooperate with the trial and, will not be the reason for any delay in
progress of the trial.
9.Considering the facts and circumstances of the case and on the
undertaking given by the petitioner, this Court directs the learned Judicial
Magistrate, Thiruthani to recall the Non Bailable Warrants issued against the
petitioner in all the cases with the following conditions:-
(i)The petitioner shall file an affidavit in each case that in all future
hearings, he or his counsel shall appear and cooperate with the trial and they
will not be cause for any delay in any manner.
(ii)The petitioner shall cross examine the prosecution witnesses in all
the cases then and there without seeking adjournments.
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Crl.O.P.Nos.11007 of 2021 and batch
(iii)The petitioner shall appear before the trial Court at the time of
framing of charges, questioning under Section 313 Cr.P.C., and at the time of
receiving the judgment and as and when the petitioner is directed by the trial
Court to appear in the cases.
(iv)The petitioner voluntarily came forward to pay Rs.5,000/- in each
case (Rs.5,000/- X 27 cases challenged in the above petitions = Rs.1,35,000/-)
to the Bar Association, Thiruthani; the Advocate Association, Thiruthani and
the Lawyers Association, Thiruthani. The petitioner shall pay the said amount
of Rs.1,35,000/- to the three Associations (each Rs.45,000/-) and produce the
receipt of the same, at the time of filing of the affidavit, before the trial Court.
10.With the above directions, all Criminal Original Petitions are
disposed of.
16.07.2021
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
vv2
https://www.mhc.tn.gov.in/judis/
Crl.O.P.Nos.11007 of 2021 and batch
To
1.The Judicial Magistrate Court,
Thiruthani.
2.The Inspector of Police,
District Crime Branch,
Thiruvallur District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.Nos.11007 of 2021 and batch
M.NIRMAL KUMAR, J.
vv2
Crl.O.P.Nos.11007, 11008, 11009, 11010, 11011, 11012, 11015, 11051,
11052, 11054, 11055, 11056, 11058, 11059, 11161, 11162, 11163, 11164,
11165, 11167, 11168, 11169, 11170, 11172, 11173, 11174 & 11175 of 2021
16.07.2021
https://www.mhc.tn.gov.in/judis/
