Victims can seek cancellation of accused’s bail, says court

Pointing out that it is now settled law that the victims of crime are also equally entitled to participate in the administration of criminal justice, particularly when it concerns an offence under the Protection of Children from Sexual Offences (Pocso) Act, the Madras High Court directed the special judge for the exclusive trial of Pocso cases in Chennai to entertain the petition filed by a victim’s kin for the cancellation of bail granted to the accused. 

The petitioner, the grandmother of the victim girl, said the accused was misusing his liberty and threatening the victim and moved an application before the Pocso court seeking cancellation of bail granted to him. But it was rejected on the ground that such a petition should be filed only through the Special Public Prosecutor. Challenging it, the grandmother moved the High Court.Hearing the case, justice N Anand Venkatesh said: “The Pocso court completely misdirected itself in holding that a petition for cancellation of bail can be filed only through a Special Public Prosecutor while the Pocso Act itself confers such a right on the victim and her family under Section 40. 

“This court has also held in another case that the defacto complainant can file a petition for cancellation of bail granted to the accused. Unfortunately, the court below did not take into consideration all these aspects and has mechanically returned the petition filed by the petitioner,” the judge added while directing the registry to return the original petition moved for cancellation of bail. 

The accused booked was arrested and remanded to judicial custody on June 5, 2020, but was granted statutory bail on September 3.