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S.S.Satheesachandran
V. Prasad – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioner:T.P. Pradeep and Sri P.K. Sathees Kumar, Advocates.
For the Respondent: T. Asaf Ali, PP.

ORDER

S.S. Satheesachandran, J.— 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.

2. 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?

3. 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 invo

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