Justices M Sathyanarayanan and V Bharathidasan observed that according to a 2013 GO, the state government, in consultation with the HC, had designated fast track mahila courts as special courts under the Pocso Act

Only special Pocso courts can hear related advance bail pleas
Kaushik Kannan | TNN | Oct 5, 2020, 04:46 IST
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Madurai: A special bench of Madras high court has held that only special courts designated under the Pocso Act and not sessions courts are empowered to entertain anticipatory bail petitions for offences under the Act.
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The court was hearing a reference sent by Karur district judge seeking clarification from the bench after the special court designated under Pocso Act in the district returned an anticipatory bail petition stating it had no jurisdiction to entertain the case registered under Pocso Act and Prohibition of Child Marriage Act. When the anticipatory bail petition was filed before the sessions court, the public prosecutor contended that it wasn’t maintainable as the special court had exclusive jurisdiction to entertain it.
A division bench of Justices M Sathyanarayanan and V Bharathidasan observed that according to a 2013 GO, the state government, in consultation with the HC, had designated fast track mahila courts as special courts under the Pocso Act. According to section 28(1) of the Pocso Act, a court of session already existing in each district can be designated as special court to try offences under the Act.
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Under section 33(1) of the Act, a special court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint. Under Section 33(9), a special court shall have all powers of a court of session and try such offences. In such circumstances, the special court has to be treated as a court of original jurisdiction and it has all the powers of the court of original criminal jurisdiction as provided under the Cr.PC.

The judges observed that Section 31 of the Act makes it very clear that the provisions of Cr.P.C including the provisions as to bail and bonds shall apply to the proceedings before a special court. Hence, the judges observed that the special court alone is empowered to entertain the anticipatory bail petitions as per Section 31 of the Act and sessions court cannot entertain anticipatory bail applications in respect of offences under Pocso Act. Hence, the judges remitted back the anticipatory bail petition to the special court designated under the Pocso Act to deal with the petition on merit.