Dhinesh Vs The State Rep.by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.373 of 2025 on the file of the respondent.

¶12

For Petitioner(s) : Mr. C. Harish For Respondent(s) : Mr. S. Vinoth Kumar Government Advocate (Crl. Side)

¶13

¶14

1/4

¶15

https://www.mhc.tn.gov.in/judis

¶16

Crl.O.P.No.5459 of 2026

¶17

ORDER

¶18

The petitioner, who was arrested and remanded to judicial custody on 07.12.2025 for the alleged offence under Section 296(b), 109(1) of BNS, Section 4 of TNPHW Act in Crime No.373 of 2025 on the file of the respondent police, seeks bail.

¶19

2. The case of the prosecution is that the defacto complainant and

¶20

the petitioner herein were earlier on a relationship and due to the harsh behaviour of the petitioner, the defacto complainant ended the relationship with the petitioner; that the petitioner got enraged over the same, attacked the defacto complainant using knife on 11.07.2023, for which a complaint was lodged and a case was registered on the file of the Race Course Police Station; that whileso on 22.11.2025, the petitioner herein had once again attacked the defacto complainant using knife and caused injuries to her. Hence, a complaint was lodged before the respondent police, a case was registered and subsequently, the petitioner was arrested and remanded to judicial custody.

¶21

The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner and he has not committed

¶22

2/4

¶23

https://www.mhc.tn.gov.in/judis

¶24

Crl.O.P.No.5459 of 2026

¶25

any offence as alleged by the prosecution. He would further submit that, due

¶26

to sour relationship between the petitioner and the defacto complainant, the

¶27

petitioner is undergoing depression and as a result of which, the previous incidents had taken place and the injured in this case has been discharged from the hospital; that the petitioner is in judicial custody since 07.12.2025 and h e is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

¶28

The learned Government Advocate (Criminal Side) appearing

¶29

for the Respondent Police while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the petitioner herein had attacked the defacto complainant even prior to this occurrence on 11.07.2023 and even at that time, the injured sustained severe stab injuries. He also submitted that the investigation of this case was completed, charge sheet filed and in PRC stage.

¶30

I have given my anxious consideration to either side

¶31

submissions and perused the materials available on record.

¶32

C. KUMARAPPAN, J.

¶33

3/4

¶34

https://www.mhc.tn.gov.in/judis

¶35

Crl.O.P.No.5459 of 2026

¶36

6.

¶37

stn

¶38

From the submissions made by the learned Government

¶39

Advocate (Crl. Side), it is seen that the petitioner herein had attacked the victim even prior to this occurrence and caused severe stab injuries and also the fact that the charge sheet has been filed and it is in PRC stage. In such a view, if the petitioner is enlarged on bail, there will be a fear psychosis in the mind of the victim, which would affect the fair trial. Accordingly, this Court is not inclined to grant bail to the petitioner.

¶40