MADURAI: The Madurai Bench of Madras High Court clarified that anticipatory bail petitions filed by persons accused under the Protection of Children from Sexual Offences (POCSO) Act, 2012, can be heard only by the Special Courts constituted for POCSO cases and not by the Session courts.
A special bench, comprising Justices M Sathyanarayanan and V Bharathidasan, issued the clarification in a suo motu case that was taken up following a letter addressed to the High Court Registry by Karur District Judge, seeking reference on the matter.
Citing various sections of the POCSO Act that deal with the powers conferred on the Special Courts constituted under the Act, the judges explained that the Special Court has all the powers of a Sessions Court. They also pointed out that provisions relating to bail cases apply to the Special Courts.
With regard to the district judge’s doubt whether the Special Court is empowered to deal with such anticipatory bail petitions if they are filed before registration of FIR, the judges replied in the affirmative.