Sessions Court Can’t Entertain Anticipatory Bail Pleas; Only Special POCSO Courts Are Empowered To Do So: Madras HC

The Madras High Court (Madurai Bench) ruled that the Special courts, as designated under the provisions of Protection of Children from Sexual Offences Act, 2012 [POCSO Act] alone are empowered to entertain pre-arrest bail petitions in respect of offences under the POCSO Act.The Bench of Justices M. Sathyanarayanan and V. Bharathidasan further held that the Sessions Court cannot entertain such applications. It may be noted that a matter was placed before the Madras High Court (Madurai Bench) to decide a reference sought by the learned District Judge, Karur, under Section 395 of the Code of Criminal Procedure, 1973, with regard to the jurisdiction of the District and Sessions Court in entertaining the anticipatory bail applications filed under Section 438 of the Code of Criminal Procedure, 1973 [Cr.P.C.], for the offences committed under the provisions of Protection of Children from Sexual Offences Act, 2012 [POCSO Act].