IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Crl.MC.No. 4660 of 2003 --------------------------------------- PETITIONER / 7TH ACCUSED ----------------------------------------------- DR.SHEIKH SAFFUDHIN AHAMMED, AGED 68 YEARS, S/O. SHEIKH MOIDEEN SAHIB, GENERAL AND VASCULAR SURGEON, SHEIKH MANDIR, R.C.ROAD, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS / COMPLAINANT AND STATE ------------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUTTIADI. 2. THE STATE OF KERAL, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 3. KHALID S/O AMMED, ELACHUKANDIYIL P.O.KUTTIADY (Impleaded as additional third respondent as per order dated 7.9.2007 in Crl.M.A.5106/07 in Crl.M.C.4660/03) BY PUBLIC PROSECUTOR SRI.AMJETH ALI SRI.SUNNY MATHEW FOR ADDL.R3 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/03/2008 , THE COURT ON 25/03/2008 PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.4660 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March 2008 ORDER Petitioner who has been arraigned as accused No.12 in Annexure-II, charge sheet in C.P.93/03 on the file of the Judicial Magistrate of First Class, Nadapuram seeks to quash the above proceedings pending against him. 2. The prosecution case as revealed from Annexure-II charge sheet is that sometime between 1.00 a.m. and 2 a.m. on December 13, 1995 accused 1 to 3 with an intention to do away with the accused in “Abubacker murder case” had manufactured and carried explosive substances with them. By handling the explosives in a careless and negligent manner, they had endangered the lives of accused 1 and 2 who sustained injuries in the explosion that took place in the ladies' toilet in a mosque. Accused 1 and 2 were stealthily removed to various hospitals and treated with the help of accused nos.4 to 14. They had also attempted to cover up the crime. Later, on December 20, 1995 accused No.1 had succumbed to the burn injuries sustained by him. Crl.M.C.No.4660 OF 2003 :: 2 :: 3. Further allegation was that accused 4 to 14 had concealed the death of accused 1 and his body was buried in a secretive manner. Thus, the prosecution alleged that all the accused had committed offences punishable under Section 9(1)(b) of Explosive Act and Sections 3 and 5 of Explosive Substances Act and also under Section 201, 286, 304 (A) IPC. The specific allegation against the petitioner, who is a retired Professor of Medical College, Calicut (General and Vascular Surgery), is that he had failed to report the admission of accused 1 and 2 in the hospital with burn injuries, to the Police. According to the petitioner, he had no knowledge that accused had sustained burn injuries by handling explosives in a careless and a negligent manner or that they had kept the explosive substances in their possession with an intention to use them against the accused in another case. 4. Sri.Rajendran, learned counsel for the petitioner, has made a vehement and persuasive plea to quash the proceedings pending against the petitioner by invoking the inherent power under Section 482 of the Code. It is pointed out by the learned counsel that none of the ingredients of the offences are discernible from the charge sheet against the petitioner. Crl.M.C.No.4660 OF 2003 :: 3 :: However, I am afraid that the petitioner has to necessarily raise all these contentions before the trial court. Such an opportunity is definitely available to the petitioner after committal. It is submitted by the learned counsel that the petitioner had filed this case at the stage when he had received summons. He had not been granted bail so far. 5. Considering the nature of allegations and the fact that petitioner is a retired Professor of the Calicut Medical College, I am satisfied that this is a fit case in which petitioner is entitled to be released on bail on his appearance before the committal court on appropriate conditions. It is brought to my notice that petitioner is in his early 80s. If a motion is made on behalf of the petitioner to exempt him from personal appearance before the Sessions Court after committal, the said request shall be allowed on necessary conditions. Criminal M.C. is disposed of in the above terms. (A.K.BASHEER, JUDGE) jes