I. C. BHATT, J. ( 1 ) LEARNED P. P. Mr. J. U. Mehta for the State has submitted that in view of the averments made in all these petitions the provisions of Section 438 (1) of the Code of Criminal Procedure will not be attracted in- asmuch as even if the averments in these petitions are taken to be correct wen then the averments will consti- tute a bailable offence only and not a non-bailable offence. Therefore the provisions of Section 438 of the Code of Criminal Procedure would not be attracted. Hence it is submitted that all these petitions should be rejected summarily. Mr. Mehta has stated before me that out of these cases in six cases complaints have already been filed for committing the breach of the provisions of the Industrial Disputes Act 1947 before the learned Chief Metropolitan Magistrate Ahmedabad and that there is no likelihood of petitioners being arrested in these cases. ( 2 ) THE petitiones in all the petitions have averred that by an Ordinance issued by the State Government the Industrial Disputes Act is sought to be amended whereby the closure of the Mills in question is barred. It has also been averred that the Industrial Deputes Act cannot be amended by the Ordinance. The petitioners have further submitted that even assuming without admitting that the temporary suspension of the manufactur- ing activities on the part of the Company amounts to an offence the punishment for the same as prescrib- ed in the Industrial Disputes Act is imprisonment upto six months and fine or both. The petitioners have there- fore requested to grant them anticipatory bail. ( 3 ) CHAPTER XXXIII of the Code of Criminal Procedure deals with the provisions as to bail and bonds. Sec- tion 436 provides as to in what cases bail is to be taken. This Section applies to all persons except those ac- cused of non-bailable offences. It not only applies to persons who are arrested or detained by an officer in charge of a Police Station but also to persons who appear or are otherwise brought before a Court Section 437 deals with the powers of the Court other than the High Court or Court of Session to grant bail in cases of non-bilable offences while Section 439 deals with the Special powers of the High Court and the Court of Session regarding bail. ( 4 ) SECTION 438 of the Code of Criminal Procedure reads as under:438 Direction for Grant of Bail to person apprehending arrest - (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence he may apply to the High Court or the Court of Session for a direction under this Sec- tion; and that Court may if it thinks fit direct that in the event of such arrest he shall be released on bail (2) When the High Court or the Court of Session makes a direction under sub-section (1) it may include such conditions in such directions in the light of the facts of the particular case as it may think fit including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required. (ii) a condition that the person shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of Section 437 as if the bail were grant- ed under that Section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person he shall issue a bailable warrant in conformity with the direc- tion of the Court under sub-section (1 ). The right to apply for anticipatory bail was conferred for the first time by Section 438. Section 438 deals with the direction for grant of bail to persons apprehending arrest and provides the facility of anticipatory bail. Antici- patory bail is a device to secure the individuals liberty it is neither a passport to the commission of crimes nor a shield against any and all kinds of accusations likely or unlikely. Section 438 deals with the direction for grant of bail to persons apprehending arrest and provides the facility of anticipatory bail. Antici- patory bail is a device to secure the individuals liberty it is neither a passport to the commission of crimes nor a shield against any and all kinds of accusations likely or unlikely. It confers on the High Court and the Court of Session the power to grant anticipatory bail if the applicant has the reason to believe that he may be arrested on an accusation of having committed a non-bailable offence. Section 438 applies before the arrest is made as one of the conditions of its application is that the person who applies for the relief under this Section must be able to show that he has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence. Another condition for attracting the provisions of Section 438 is that there should be an accusation of having committed a non-bailable offence by a person. Unless there is an accus- tion of having committed a non-bailable offence the provisions of Section 438 cannot be attracted. Any person seeking relief for anticipatory bail under Section 438 (1) must satisfy the Court that the accusation against him of having committed an offence is a non-bailable offence. ( 5 ) NOW in the instant case Gujarat Ordinance No. 6 of 1984 published in Gujarat Government Gazette dated 7-6-1984 has substituted Section 25-O of the Industrial Disputes Act 1947 by a new section which provides procedure for closing down an undertaking. After Ordinance No. 6 of 1984 was published in the Gujarat Government Gazette on 7 the petitioners in all these petitions got the Notices pasted at the gate and on the Notice Board of the Mills on 18th June 1984 intimating temporary suspension of manufacturing acti- vities as according to the Company it was not possible to carry on its manufacturing activities. These Noti- ces of the petitioners have been taken to be as closure of the Mills and according to the State Government this would amount to breach of Section 25-O of the Industrial Disputes Act. These Noti- ces of the petitioners have been taken to be as closure of the Mills and according to the State Government this would amount to breach of Section 25-O of the Industrial Disputes Act. Section 25-R provides a penalty for the closure of an undertaking and it has been provided that any employer who closes down an undertaking without complying with the provisions of sub-section (1) of Section 25-O shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both. Now in view of Part II of Schedule I of the Code of Criminal Procedure under caption `classification of Offifence Against Other Laws-it has been- provided that if the offence is punishable with imprisonment for less than three years or with fine only it will be a bailable offence triable by any Magistrate. Considering the averments made in all these petitions and the provisions of law as mentioned above I am of the view that in the present cases even if the averments are taken to be true the petitioners may at the best have a reason to believe that they are likely to be ar- rested for a bailable offence. There-fore in the present case the breach of the provisions of Section 25-O at the highest would amount to an offence which would be a bailable offence. There is no reason for the ap- plicants on the averments made in the petitions to believe that they may be arested for a non-bailable offence. Therefore one of the conditions of the provision of Section 438 is not satisfied and therefore Section 438 Cr. P. C. cannot be attracted in the present cases. Hence all these petitions are liable to be rejected summarily. ( 6 ) UNDER these circumstances Section 438 of the Code of Criminal Procedure is not applicable in these petitions and hence all the petitions are rejected summarily. Notice discharged in each case. Petitions summarily rejected. .