Madras HC Sets Aside Bail Condition Forcing Accused to Keep Depositing Money

The Madras High Court has set aside an onerous bail condition that required the founder of an Aruppukottai-based Electro-Homeopathy college to keep depositing money “as per requirement” for refunding student fees, holding that the clause went far beyond the lawful purpose of bail and effectively turned it into an open-ended restitution scheme.

Justice L. Victoria Gowri, delivering the order on November 20, modified the bail conditions imposed earlier by a Virudhunagar sessions court while hearing a criminal revision filed by Tikat Jackson, founder and principal of “Tamil Nadu College".

The institution has been accused of running unrecognised courses, misrepresenting affiliations and collecting substantial fees before students discovered discrepancies in examination processes. The case against the founder has been 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 sessions court had granted bail in March subject to the deposit of Rs. 40 lakh with the District Legal Services Authority (DLSA) to facilitate refunds to students wishing to discontinue, and added a further condition requiring the petitioner to replenish funds if the amount fell short. Two co-accused later deposited an additional Rs. 11 lakh, taking the total corpus to Rs. 51 lakh. According to a report submitted to the High Court, the DLSA has already disbursed Rs. 40.79 lakh to 201 students, and around 40 refund requests are pending for want of bank details.

Justice Gowri held that while temporary arrangements aimed at calming campus unrest and enabling students to exit voluntarily may be retained with safeguards, Condition No.4, mandating unlimited future deposits, was “unbounded,” bore “no nexus” with securing the accused’s presence, and risked becoming punitive. The judge noted that bail cannot be converted into a mechanism for pre-judging liability or compensating alleged victims before trial.

In her modified directions, Justice Gowri said that all remaining refunds must be processed only from the existing balance of Rs. 10.20 lakh and any interest accrued, and that no further sums shall be demanded as a condition for continuing bail. The balance amount is to be placed in a short-term, auto-renewal deposit in the name of the Principal District Judge-cum-Chairperson, DLSA, and withdrawals for legitimate refund claims may be made on a first-come, first-served basis after document verification.

Justice Gowri also required the petitioner to file a written undertaking within two weeks, agreeing not to use “Dr.” as a prefix for trainees or faculty, to refrain from describing any Electro-Homeopathy programme as a “Bachelor” or “Master” course, and to remove all signage or prospectus material implying affiliation or recognition that is not lawfully held.

During the hearing, the Union Ministry of Health and Family Welfare reiterated its consistent stand since 2003 that Electro-Homeopathy is not a recognised system of medicine and cannot grant degrees or allow practitioners to use the “Dr.” prefix. However, the Ministry also noted that while the system lacks recognition, it has not been banned as a mode of therapy, resulting in prolonged policy ambiguity that has persisted for over 22 years.

Justice Gowri observed that selective action against a single institution, when similar courses operate elsewhere in the state, undermines parity and can create disorder. She directed the Director General of Police to place these concerns before the Health & Family Welfare Department for statewide verification and uniform enforcement.

Clarifying that nothing in the order expressed any view on the merits of recognition, misrepresentation, or criminal liability, Justice Gowri said those questions remain open for trial. With the modifications, the criminal revision was partly allowed.

Case Title: Tikat Jackson @ Diccot Jeckson vs State of TN and Others

Order Date: November 20, 2025

Bench: Justice L. Victoria Gowri