The Kerala High Court has remanded a bail application in a POCSO case for fresh consideration by the trial Court, as per its jurisdiction under Section 482 Cr.P.C. The Single Judge Bench has directed the Trial Court to consider the petitioner’s entitlement for regular bail before March 30, 2023.
The petitioner is accused of several offences under the IPC and POCSO Act and had been in judicial custody since March 7, 2023. The Additional Session Court had granted him interim bail till March 30, 2023, at 3.00 PM and directed him to surrender before the Superintendent of Sub Jail Attingal at 3.30 PM on the same date.
The counsels for the petitioner argued that the Trial Court had not properly considered the regular bail application filed by the petitioner and instead granted interim bail and directed him to surrender on a later date.
They contended that the Trial Court should have considered the petitioner’s entitlement to regular bail, as requested in the application. It was in light of these arguments that the High Court remanded the bail application for fresh consideration by the Trial Court.
Source: https://www.livelaw.in/news-updates/kerala-high-court-regular-bail-merits-interim-bail-pocso-section-482-crpc-225115
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