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Madras High CourtCRL OP/20210/2025dismissed

K.Mary Margrete v. The State Represented By The

2025-08-05Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR K.Mary Margrete ... Petitioner Vs.

The State represented by, The Inspector of Police, Economics Offences Wing, Dharmapuri, Dharmapuri District.

(Crime No.1 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with the case in Crime No.1 of 2025 pending investigation on the file of the respondent Police.

For Petitioner :

Mr.N.Manoharan For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.06.2025, in connection with Crime No.1 of 2025 registered for the offences punishable under Sections 406 and 420 of IPC @ Sections 406 and 420 of IPC and Section 5 of TNPID Act, seeks bail.

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2.

The case of the prosecution is that the accused, on the false promise of high returns, induced the de facto complainant and others to invest in an online trading business and cheated them to the tune of several crores. Hence the case. 3.

The contention of the learned counsel appearing for the petitioner is that the petitioner/A3 is the wife of the second accused, who was managing the day to day affairs of AM Tech World. He further submitted that the petitioner is a house wife and that only her husband/A2 had been collecting money for online trading from several persons and the petitioner was not aware of any such transactions. He also pointed out that no allegations have been made against the petitioner by the depositors. He further submitted that the second accused was handling the petitioner's bank account and he might have received amount in the petitioner's bank account and for which, the petitioner, being a house wife, cannot be held liable. Further, the petitioner has school going children for and has been in incarceration from 20.06.2025. He also submitted that the respondent Police have not filed the charge sheet within the stipulated period and therefore, further detention of the petitioner is not required. Hence, he prayed for the grant of bail to the petitioner.

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4.

On the other hand, the learned Government Advocate (Criminal Side) appearing for the respondent strongly opposed for grant of bail to the petitioner stating that, in the name of AM Tech World, which was registered in the name of the second accused, the second accused was running an online trading business and the victims had deposited the amounts through the petitioner's bank account. As on the date of the complaint, 14 persons had been cheated by the accused to the tune of Rs.2,59,41,130/-. The petitioner's husband/A1 was earlier arrested and released on interim bail by this Court in Crl.O.P.No.6065 of 2025 dated 17.03.2025 to enable him to repay the amount to the depositors. Since he failed to comply with the said condition, the interim bail granted was cancelled on 11.07.2025 and pursuant to which, he surrendered and remanded to judicial custody on 14.07.2025. Subsequently, he was released on statutory bail by the Special Court under TNPID Act, Coimbatore in Crl.M.P.No.195 of 2025 dated 29.07.2025.

5. He further submitted that the relief sought by the petitioner is not proper, since, she has admitted that her husband had used her account and further, using her KYC details, several crores were transacted, therefore, she is also 3/5

equally liable. He further submitted that as on date, 119 depositors have lodged complaints and the defrauded amount runs to the tune of more than 13 crores. He also submitted that the investigation is still in progress. 6.

Heard both sides and perused the materials available on record. 7.

Considering the above facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the Criminal Original Petition stands dismissed. 05.08.2025 ham To

1. The Special Court under TNPID Act, Coimbatore.

2. The Inspector of Police, Economics Offences Wing, Dharmapuri, Dharmapuri District.

3. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ham 05.08.2025 5/5