IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Bail Appl..No. 216 of 2008() ---------------------------- CRIME 125/06 OF DHARMADAM POLICE STATION PETITIONER/IST ACCUSED --------------------------------------- RINIL.C., S/O.CHANDRAN, AGED 24 YEARS, RESIDING AT R.C.PURAM, NITTOOR DESOM, THALASSERY AMSOM, THALASSERY TALUK. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 125 OF 2006 OF DHARMADAM POLICE STATION). BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 216 OF 2008 D ```````````````````````````````````````````````````` Dated this the 21st day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations under the Explosive Substances Act. The petitioner, who ails from a sensitive area of political violence and who allegedly belongs to certain political outfits, was allegedly involved in the activity of making explosive substances in the course of which there was an accident resulting in injuries to the petitioner himself and others. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. The petitioner admits that he had suffered injuries but, according to him, he was the victim of violence and he had suffered injuries when someone threw bombs at him. The alleged incident took place on 13.10.06. BA.216/08 : 2 : The petitioner had suffered very bad injuries in the alleged incident, it is submitted. He has lost his left hand and the disability suffered by him is assessed as 75%, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no circumstances which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The petitioner must surrender before the learned Magistrate or the investigating officer and then seek regular bail. There are no features in this case which would justify the grant of anticipatory bail. The petitioner must invoke the humane proviso under Section 439 Cr.P.C. At any rate, considering the nature and gravity of the offences alleged, he is not entitled to grant of anticipatory bail, submits the learned Public Prosecutor. 4. Having considered all the circumstances and the submissions of the learned counsel for the petitioner, I agree BA.216/08 : 3 : with the learned Public Prosecutor that this is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. The petitioner can place all the relevant materials before the learned Magistrate and seek the compassion of the law in favour of the sick, infirm and disabled persons reflected in the proviso to Section 437 Cr.P.C. 5. With the above observations, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks