IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 918 of 2008() ---------------------------- CRIME NO.102/08 OF OLLUR POLICE STATION, THRISSUR. PETITIONERS/ACCUSED NOS. 1 & 2 ----------------------------------------------- 1. ARJUN T.RAJ, AGED 17 YEARS, S/O.RAJAN, THATTAMPARAMBIL HOUSE, KAINOOR P.O. THRISSUR DISTRICT. 2. JYOTHIS, AGED 17 YEARS, S/O.JOHNY, VATTAKKAVIL HOUSE, KAINOOR P.O. THRISSUR DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, OLLUR POLICE STATION, THRISSUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 918 OF 2008 ------------------------------------------------- Dated this the 15th day of February, 2008 ORDER Application for anticipatory bail. The petitioners face allegations in a crime registered, inter alia, under the provisions of the Explosive Substances Act. The petitioners are allegedly the old students of a Higher Secondary School. They had allegedly attempted to disrupt the school day celebrations of the school by exploding explosive substances while the annual day celebrations were going on. A crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioners submits that both the accused persons are the persons below the age of 18 years on the date of the occurrence and are consequently entitled to the protection of the benevolent provisions of the Juvenile Justice (Care and Protection of Children) Act. The B.A. No. 918 OF 2008 -: 2 :- learned counsel for the petitioners, in these circumstances, prays that appropriate directions may be issued under Sec.438 of the Cr.P.C. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioners need only appear before the Investigating Officer or the Special Magistrate/Juvenile Justice Board constituted under the Juvenile Justice (Care and Protection of Children) Act and claim bail. In view of the liberal provisions relating to grant of bail, it is unnecessary to issue any directions under Sec.438 of the Cr.P.C. in favour of the petitioners, submits learned Public Prosecutor. The learned Public Prosecutor, however, adds that the offence alleged deserves to be frowned upon. 4. I am satisfied that there are no circumstances justifying or warranting the issue of directions under Sec.438 of the Cr.P.C. This is an eminently fit case where the petitioners must be directed to surrender before the Investigating Officer or the Special Magistrate/Juvenile Justice Board having jurisdiction in B.A. No. 918 OF 2008 -: 3 :- the matter. They must then claim regular bail in the ordinary course. 5. With the above observations, this bail application is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge