High Court · 2025

CRL OP(MD). No.13972 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 22.08.2025PRESENTTHE HONOURABLE MR. JUSTICE P.VADAMALAICRL OP(MD). No.13972 of 2025Ankita Sharma ... Petitioner/ Accused VsThe State of Tamilnadu,Rep by the Inspector of Police,CCD -III Police Station,Madurai City.(Crime No.10 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Sathish kumar For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.10 of 2025 on the file of the Respondent Police.ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on17.07.2025 for the offences punishable under Sections 318(4) of BNS and Section 66 Dof Information Technology (Amendment) Act 2008, in Crime No.10 of 2025 on the1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13972 of 2025file of the respondent police, seeks bail. 2. The case of the prosecution is that on 19.12.2024 one person namelyShambhavi, contacted the defacto complainant through whatsapp from the mobilenumber 896414524 and told that she is doing online trading through SMCO websiteand assured that if he invested money in the said trading he will get more gain. Onbelieving the words of the said Shambhavi, the defacto complainant agreed to investmoney in the online trading and thereby he opened an account and created User IDand Password in the website of www.stocks.smocooperation.com as directed by thesaid Shambhavi and thereafter his mobile number was added in whatsapp groupnamely VIP 128. Thereafter, the defacto complainant deposited various amounts onvarious date in more than 10 bank accounts as told by the said Shambhavi. Totallyhe invested a sum of Rs.15,72,112/- from 02.01.2025 to 27.01.2025 and thereafterwhen he verify his wallet, it was shown that he has a sum of Rs.1,11,35,137/- alongwith profit. Thereafter, when he tried to withdraw the amount from his walletaccount, he was informed that he has to pay a sum of Rs.19,58,552 as income tax forthe said amount and thereby he deposited the said amount in one bank amount andthereafter again he was informed that he has to pay 30% of income tax and therebyhe has to pay another tax amount of Rs.14,68,915 and thereby on 13.02.2025 he2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13972 of 2025deposited the said amount in another one bank amount and thereafter when he triedto withdraw the amount, he was informed to pay another Rs.25,00,000/- forwithdraw the said amount and after that only the defacto complainant came toknow that he was cheated a sum of Rs.50,89,579/-. Hence, the complaint.3. The learned counsel for the petitioner submitted that the petitioner is aninnocent person and she has not committed any offences as alleged by theprosecution. He further submitted that the petitioner never received any amountfrom the defacto complainant through her bank account and the petitioner's bankaccount was utilized for money transfer and for which she was paid a sum ofRs.20,000/- as commission. He further submitted that the petitioner is ready andwilling to abide by any conditions which may be imposed by this Court and she is injudicial custody from 17.07.2025. Hence, he seeks bail to the petitioner.4. The learned Government Advocate (Criminal Side) submitted that thepetitioner along others have cheated the defacto complainant. He further submittedthat there is no previous case pending against the petitioner and the investigation isalmost completed. However, he opposed for grant of bail to the petitioner.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13972 of 20255. Taking into consideration of the facts and circumstances of the case and alsothe fact that limited overt act against the petitioner and she received a sum ofRs.20,000/- as commission and gave her mobile number and the same was utilizedby the accused persons and there is no previous case pending against the petitionerand the investigation has been almost completed and also consideration the periodof incarceration suffered by the petitioner, this Court is inclined to grant bail to thepetitioner, subject to the following conditions: 6. Accordingly, the petitioner is ordered to be released on bail on executing abond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two localsureties, each for a like sum to the satisfaction of the learned Judicial MagistrateNo.1, Madurai District, and on further conditions that :- [a] the sureties shall affix their photographs and Left ThumbImpression in the surety bond and the Magistrate may obtain a copy oftheir Aadhar card or Bank pass Book to ensure their identity.[b] The petitioner shall furnish her residential address and mobilenumber to the learned Judicial Magistrate No.1, Madurai District.4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13972 of 2025(c ) If the petitioner changes her residential address, she shallreport the same to the learned Judicial Magistrate No.1, MaduraiDistrict. [d] the petitioner shall stay at Madurai and report before therespondent police daily at 10.30 a.m., and 05.30 p.m., for a period of onemonth and thereafter, report before the respondent police daily at 10.30a.m., until further orders.[e] the petitioner shall not abscond either during investigation ortrial.[f] the petitioner shall not tamper with evidence or witness eitherduring investigation or trial.[g] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate action against thepetitioner in accordance with law as if the conditions have beenimposed and the petitioner released on bail by the learned5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13972 of 2025Magistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].[h] If the accused thereafter absconds, a fresh FIR can be registeredunder Section 269 BNS. sd/- 22/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. msrmTo1. The learned Judicial Magistrate No.1, Madurai District.2.Do through The Chief Judicial Magistrate, Madurai.3. The Superintendent, Central Prison for Women, Madurai.4. The Inspector of Police, CCD -III Police Station, Madurai City.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13972 of 20255. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-9137[I] dated 25/08/2025 ) ORDER IN CRL OP(MD) No.13972 of 2025 Date :22/08/2025 PR/25.08.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7