Bombay High Court

TAMIL SELVAN MARIMUTTU HARIJANversusSTATE OF MAHARASHTRA AND ANR

Decided: 20 February 2026
Disposal: Dissmiss For Default/Non-Prosecution
Bench: NEELA KEDAR GOKHALE

Holding

The bail application was dismissed as the DNA evidence confirmed the applicant's paternity and the applicant failed to appear.

Summary

The applicant, Tamil Selvan Marimuttu Harijan, filed a bail application in the Bombay High Court. The applicant's counsel sought a copy of the victim's statement under Section 164 of the CrPC and a time extension, but the applicant failed to appear on multiple dates. The State's counsel submitted a DNA report establishing that the applicant and the victim were the biological parents of a now‑deceased baby. The court, after taking the DNA report on record, found the evidence sufficient to reject the bail plea. Consequently, the bail application was dismissed and the matter disposed.

Issues considered

Whether bail should be granted to the accused in view of the DNA evidence establishing paternity.
Whether the applicant's failure to appear warrants dismissal of the bail application.

Legislation cited

Code of Criminal Procedure, 1973 — s. 164

Subjects

bail
DNA evidence
paternity
Criminal Procedure Code
Section 164
High Court

Judgment

Shivgan                                          22-BA-1074-2024.doc




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

               BAIL APPLICATION NO. 1074 OF 2024


Tamil Selvan Marimuttu Harijan                          …Applicant
      Versus
State of Maharashtra & Anr.                             …Respondents


None for the Applicant.
Mr. Mayur S. Sonavane, APP for the Respondent Nos.1 and 2.
Mr. Sumedh Modak (V/C), for the Respondent No.3.
Mr. Deshmukh, PSI attached to Sahar Police Station, present.


                       CORAM            DR. NEELA GOKHALE, J.
                       DATED:           20th FEBRUARY 2026
PC:-
1.        None appears for the Applicant.


2.        On 19th November 2025, Ms. Sana Shaikh, learned

counsel appearing for the Applicant, sought time in the matter

and she also requested for a copy of the statement of the

Victim recorded under Section 164 of Code of Criminal

Procedure, 1973.




                                   Page 1 of 2
                              th
                            20 February 2026
Shivgan                                                 22-BA-1074-2024.doc



3.           Mr. Modak, learned counsel appointed to represent the

Respondent No.3-Victim, was also directed to be given DNA

Report as well as the case status Report by the learned APP.


4.           Thereafter, on 19th December 2025, none appeared for

the Applicant. Even on 6th February 2026, none had appeared

for the Applicant.


5.           Today, Mr. Modak and Mr. Mayur Sonavane, learned

APP representing the State in the matter, have tendered the

examination report pertaining to the DNA analysis of the baby

born to the Victim and the Accused, i.e., the present

Applicant. The said report is taken on record. As per the

opinion of the Chemical Analyst Expert, the Victim and the

Applicant are concluded to be the biological parents of the

baby, who is now deceased.


6.           In these circumstances, the present Bail Application is

dismissed and stands disposed of.


                                                    (DR. NEELA GOKHALE, J)


SHAMBHAVI
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI NILESH
                                      Page 2 of 2
SHIVGAN                          th
Date: 2026.02.20
18:52:16 +0530
                               20 February 2026

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