Rathinavel v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Rathinavel S/o.Ponnusamy ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Nangavalli Police Station, Salem District.

(Crime No.380 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.380 of 2025 on the file of the respondent police. For Petitioner :

Mr.D.Magimaidoss For Respondent :

Mr. A. Gopinath Government Advocate (Criminal Side) ******

O R D E R

The petitioner was arrested and remanded to judicial custody on 22.12.2025 in Crime No.380 of 2025 on the file of the respondent police for the alleged offences u/s. 194(3)(i) of BNSS @ to Sec. 108 of BNS, 2023. 1/4

2.

The allegation against the petitioner is that the petitioner herein is the husband of the deceased in this case and marriage was taken place in the year 2024 and subsequently, they were having a child and it is alleged that the petitioner herein used to harass and demand dowry from the deceased and further, he has been physically assaulting her, she was unable to bear the same; later, she was forced to desert the matrimonial home and subsequently, due to intervention of the elders, they once again joined together and stayed with the child; further, the petitioner herein continuously harassed her physically and mentally; unable to bear the same, she committed suicide by hanging and the case has been registered.

3.

The learned counsel for the petitioner would submit that the petitioner is also having a child and now the child is not having either mother or father and the petitioner's presence is very much necessary for the child and the petitioner was arrested on 22.12.2025 and hence, prays to grant bail. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the RDO enquiry is yet to be concluded and based on the investigation done by the police the offences have been altered into 306 of BNS and investigation is still pending; 2/4

4.

Considering the fact and circumstances of the cases, and taking note of the fact that the RDO enquiry is yet to be concluded, this Court is not inclined to grant bail to the petitioner.

5.

Accordingly, this criminal original petition stands dismissed. 06.02.2026 ssa To 1.The Inspector of Police, Nangavalli Police Station, Salem District.

(Crime No.380 of 2025) 2.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

ssa 06.02.2026 4/4