IN RE: THE ADDITIONAL REGISTRAR GENERAL, MADURAI BENCH Vs. IN RE: THE ADDITIONAL REGISTRAR GENERAL, MADURAI BENCH

JUDGEMENT

(1.) This matter is placed before this Court to decide a reference sought by the learned District Judge, Karur, under Sec. 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 Sec. 438 of the Code of Criminal Procedure, 1973 [In short, 'Cr.P.C.'], for the offences committed under the provisions of Protection of Children from Sexual Offences Act, 2012 [In short, 'POCSO Act'].

(2.) We have had the assistance of Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor and Mr.N.Mohideen Basha, learned counsel appearing for the High Court, in deciding the issue.

(3.) A petition under Sec. 438 of Cr.P.C, seeking anticipatory bail for the offences punishable under Ss. 5(i) and 6 of the POCSO Act and Ss. 9 and 10 of the Child Marriage Act, 2006, has been filed before the Special Court, designated under the POCSO Act at Karur, and the same has been returned by the Special Court stating that, it has no jurisdiction to entertain the application for anticipatory bail. Thereafter, the application has been filed before the Sessions Court, that application has been resisted by the learned Public Prosecutor stating that, the anticipatory bail application is not maintainable before the Sessions Court, only the Special Court has exclusive jurisdiction to entertain the same. In the above circumstances, the learned Sessions Judge referred the anticipatory bail application, to this Court under Sec. 395 of Cr.P.C, to decide whether the District and Sessions Court has jurisdiction to entertain the anticipatory bail applications for the offences committed under the POCSO Act.