PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No. 795 of 2013 of Adoor Police Station registered for offences punishable under Sections 7 and 8 of The Protection of Children from Sexual Offences Act, 2012, for short, 'the Act'. He has filed this application seeking his enlargement on bail after his application made to Judicial First Class Magistrate, Adoor for such relief had been turned down vide Annexure A order. A question of vital importance has arisen in the case. Has the magistrate jurisdiction to entertain an application for bail from a person suspected of and proceeded with for an offence under the Act

(2.) I heard the learned counsel for petitioner and also learned Public Prosecutor. The Act has been enacted as yet another welfare measure to protect and safeguard the interests of children, in respect of whom departing from the general principles of criminal justice a new concept of justice known as juvenile justice has come into vogue. The Act is intended to provide children protection from offences of sexual assault, sexual harassment and pornography insulating their interest at every stage of the judicial process. So far as reporting of crimes involving offences under the Act against children child friendly procedures have been provided, which, it has to be noticed, also apply in recording of evidence, investigation and trial of such offences. A special provision for establishment of special courts has been made under the Act to deal with the offences committed against children which fall within the Act. Chapter V of the Act contains provisions regarding reporting of cases. Chapter VIII deals with procedure and powers of special courts and recording of evidence. Constitution of Special Courts for the purpose of speedy trial of the cases is provided by Section 28 of the Act covered by Chapter VII. Sub Section (1) of Section 28 has much significance in considering the question emerging for consideration whether Judicial First Class Magistrate has competency and authority to entertain and consider an application for bail moved by a person suspected of committing a sexual offence against children, when he is proceeded with for an offence under the aforesaid Act. Sub Section (1) of Section 28 reads thus: