CHENNAI: Special Courts are not empowered to grant anticipatory bails, the Madras High Court has said. Justice M Dhandapani made the observation on Friday while dismissing a petition filed by V Sridharan, arrested in connection with a bribery case, seeking advance bail. The petitions filed before the District and Sessions Court and the Special Court were returned with liberty to approach the proper forum. Hence, the present petition before the High Court.
“...the intent of the Parliament was clear and specific in allowing the Special Court to do only certain things in certain phases by conferring certain powers,” the judge said. “In view of the above findings, this Court has no hesitation in holding that the Special Judge appointed under the provision of PC Act has no jurisdiction to entertain an application u/s 438 CrPC. for anticipatory bail in relation to an offence punishable under the PC Act.”The judge permitted Sridharan to move the Sessions Court for anticipatory bail.