1. This is an application for anticipatory bail under Section 438 of Cr.P.C.
2. The applicants are accused 1 and 2 in Crime NO.1141/2020 of Chalakkudy Police Station for having allegedly committed the offences punishable
under Sections 294(b), 506(1) and 308 read with Section 34 of the Indian Penal Code and under Section 9B(1) of the Explosive Substance Act.
3. The prosecution case, in brief, is that on 02.10.2020 at about 4.30 PM, the applicants along with another person reached the scene of occurrence in
front of the house of the de facto complainant on a motorcycle and threw a bomb near his house and thereafter intimidated the de facto complainant
and hurled abuses at him and thus attempted to commit culpable homicide not amounting to murder.
4. The applicants submit that they are innocent and the allegations are not true and that they are implicated only because some other earlier crimes
were registered against them. Hence, they seek anticipatory bail.
5. Heard the learned Counsel for the applicants and the learned Public Prosecutor.
6. The learned Public Prosecutor submits that the applicants have notorious criminal antecedents and that they are history-sheeters involved in several
crimes. The learned Counsel appearing for the applicants submits that there are only two more cases pending against the applicants, which are under
Sections 399 and 308 of the I.P.C. and those crimes are of the year 2016. The learned Public Prosecutor in answer to that points out that three crimes
are already pending of the years 2019 and 2020, apart from the instant crime. That apart, consequent to this crime, the applicants have been involved
in offences under the NDPS Act and also under the Explosive Substances Act. Section 107 Cr.P.C. proceedings have also been initiated against the
applicants, who are history-sheeters. Hence, they cannot be granted the extraordinary remedy of anticipatory bail in this crime.
7. After having heard the submissions made on both sides, I find that the applicants have been criminal antecedents and they are history-sheeters and
also proceeded under Section 107, Cr.P.C. and as pointed out by the learned Public Prosecutor. There are also no less than four other crimes
registered against them in the year 2019 and 2020. Considering all these facts and circumstances, I find that the applicants are not entitled to the
exceptional remedy of anticipatory bail in this crime. The applicants are therefore directed to surrender before the investigating officer within two
weeks. After interrogation and recovery, if any, and in the event of their being arrested, they shall be produced before the jurisdictional court, where
they are at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day.
8. The learned Counsel also submits that the 1st accused had sustained serious injuries to both his hands and sustained multiple fractures on his head
and has also produced a medical certificate to that effect at Annexure-3. While considering the bail application filed by the applicants, the jurisdictional
court is directed to consider these aspects also and see whether the 1st applicant is entitled to the benefit of the proviso under Section 437 of the
Cr.P.C.
