M Gomathi Shankkar v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/04/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL M.Gomathi Shankkar ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep By, The Inspector of Police, Pavoorchatram Police Station, Tenkasi District. Cr.No.57 of 2024. ... Respondent/Complainant PRAYER :-for Anticipatory Bail in Cr.No.57 of 2024 on the file of the respondent police. For Petitioner : N Dilipkumar, Advocate. For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 420, 467, 468 and 471 of IPC, 1860, in Crime No.57 of 2024 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner issued a cheque towards discharge his debt and the same was dishonoured with the endorsement 'Signature Differs" and during the course of bank verification, it came to light that the said cheque did not pertain to any account maintained by the petitioner. Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the defacto complainant already filed a cheque complaint against the petitioner and the same was ended in acquittal. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) would submit that during the course of bank verification, it came to light that the cheque issued by the petitioner did not pertain to any account maintained by him and the offence is grave in nature. Hence, he opposes to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioner, and there is a dispute between the parties and already the defacto complainant filed a cheque complaint against the petitioner and the same was ended in acquittal and the occurrence was took place on 17.10.2013 and FIR has been registered after acquittal in the cheque case and the date of FIR is 04.03.2024 and by this time, the material part of the investigation might have been completed, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi, and on further conditions that: [b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

29.04.2026 dss

To

1.The Judicial Magistrate, Tenkasi.

2.The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.8614oofo2026 ooooooooooooooooooooooooooooooooP.oDHANABAL,J ooooooooooooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.8614oofo2026 ooooooooooooooooooooooooooooooDateoo:o29/04/2026