Ankita Sharma v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Ankita Sharma ... Petitioner/ Accused Vs The 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 on 17.07.2025 for the offences punishable under Sections 318(4) of BNS and Section 66 D of Information Technology (Amendment) Act 2008, in Crime No.10 of 2025 on the 1/7
file of the respondent police, seeks bail.
2. The case of the prosecution is that on 19.12.2024 one person namely Shambhavi, contacted the defacto complainant through whatsapp from the mobile number 896414524 and told that she is doing online trading through SMCO website and assured that if he invested money in the said trading he will get more gain. On believing the words of the said Shambhavi, the defacto complainant agreed to invest money in the online trading and thereby he opened an account and created User ID and Password in the website of www.stocks.smocooperation.com as directed by the said Shambhavi and thereafter his mobile number was added in whatsapp group namely VIP 128. Thereafter, the defacto complainant deposited various amounts on various date in more than 10 bank accounts as told by the said Shambhavi. Totally he invested a sum of Rs.15,72,112/- from 02.01.
2025 to 27.01.2025 and thereafter when he verify his wallet, it was shown that he has a sum of Rs.1,11,35,137/- along with profit. Thereafter, when he tried to withdraw the amount from his wallet account, he was informed that he has to pay a sum of Rs.19,58,552 as income tax for the said amount and thereby he deposited the said amount in one bank amount and thereafter again he was informed that he has to pay 30% of income tax and thereby he has to pay another tax amount of Rs.14,68,915 and thereby on 13.02.
deposited the said amount in another one bank amount and thereafter when he tried to withdraw the amount, he was informed to pay another Rs.25,00,000/- for withdraw the said amount and after that only the defacto complainant came to know 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 an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the petitioner never received any amount from the defacto complainant through her bank account and the petitioner's bank account was utilized for money transfer and for which she was paid a sum of Rs.20,000/- as commission. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and she is in judicial custody from 17.07.2025. Hence, he seeks bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the petitioner along others have cheated the defacto complainant. He further submitted that there is no previous case pending against the petitioner and the investigation is almost completed. However, he opposed for grant of bail to the petitioner. 3/7
5. Taking into consideration of the facts and circumstances of the case and also the fact that limited overt act against the petitioner and she received a sum of Rs.20,000/- as commission and gave her mobile number and the same was utilized by the accused persons and there is no previous case pending against the petitioner and the investigation has been almost completed and also consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two local sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Madurai District, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate No.1, Madurai District. 4/7
(c ) If the petitioner changes her residential address, she shall report the same to the learned Judicial Magistrate No.1, Madurai District.
[d] the petitioner shall stay at Madurai and report before the respondent police daily at 10.30 a.m., and 05.30 p.m., for a period of one month and thereafter, report before the respondent police daily at 10.30 a.m., until further orders.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned 5/7
Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under 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.
msrm To
1. 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.
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5. 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