Dismissed¶28

Pavulpeter v. The Station House Officer

Madras HC13 Jun 2025CRL OP/14551/2025

Case brief

AI extract

What is this about?

Madras High Court bail refusal 13.06.2025; Crl.O.P.No.14551 of 2025; M.Nirmal Kumar J.; petitioner Pavulpeter (A1); Crime No.24 of 2024, AWPS Ulundurpet, Kallakurichi; BNS 2023 Ss.125(2), 351(2), 332(c) r/w POCSO Act Ss.5(k), 6; bail under S.483 BNSS 2023 denied; victim 16-year-old deaf and dumb minor; Section 164 Cr.P.C. statement with Special Educator; investigation complete, charge sheet filed; petitioner alleged false implication over common-area/garbage dispute.

What did the court decide?

The Court, considering submissions on either side and on perusal of the material, found that the victim girl's statement under Section 164 Cr.P.C., recorded with the aid of a Special Educator, narrated the sequence of events. ¶28

Pavulpeter Vs The Station House Officer — Child Sexual Offences (POCSO) | Madras HC (2025)

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Crl.O.P.No.14551 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.06.2025

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CORAM

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THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.14551 of 2025

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Pavulpeter ... Petitioner/A1

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The State Rep by Station House Officer, AWPS – Ulundurpet, Kallakurichi District. (Crime No.24 of 2024) ...Respondent/Complainant

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Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.24 of 2024 on the file of the respondent police.

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For Petitioner : Mr.A.Gowtham

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For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on

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25.11.2024, for the offences punishable under Sections 125(2), 351(2), 332(c) of BNS, 2023 r/w Section 5(k), 6 of POCSO Act in connection with

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Page No.1 of 4

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

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Crl.O.P.No.14551 of 2025

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Crime No.24 of 2024, registered on the file of the respondent, seeks bail.

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2.The case of the prosecution is that the victim girl aged about 16 years is a deaf and dumb. When the victim's mother went for agricultural work, petitioner entered into the victim's house and sexually assaulted her. Hence, the case.

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The contention of the learned counsel for petitioner is that the petitioner is the neighbour to the victim. The de-facto complainant using her daughter lodged a false case as though the petitioner committed penetrative sexual assault. There was a dispute with regard to the sharing of common area and also dumping of the garbage by the neighbours on the side of the petitioner. Hence, there was a constant fight between them and petitioner has been falsely implicated in this case . Hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the victim girl is a minor and a mentally challenged person and the petitioner had committed penetrative sexual assault on her. Since the victim is with mental disability with the aid of Special Educator her statement has been recorded, which confirms the act of

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Page No.2 of 4

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

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Crl.O.P.No.14551 of 2025

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penetrative sexual assault. Further, in this case investigation completed and

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charge sheet filed. Hence, strongly opposed for granting bail to the petitioner.

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5.Considering the submissions made on either side and on perusal of the material, it is seen that statement under Section 164 Cr.P.C. of the victim girl narrated the sequence of events, which was recorded with the aid of Special Educator. Hence, this Court is not inclined to entertain this bail application and the same is dismissed.

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13.06.2025

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rsi

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Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No Internet: Yes/No

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Page No.3 of 4

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

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Crl.O.P.No.14551 of 2025