IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 CRL.MC.NO. 553 OF 2011() --------------------------------------- SC.514/2008 OF ADDL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER(S): ----------------------- SIRAJ MANAKKAMBRATH, S/O. KUNHAMMED, EMPLOYED AT AJMAN, UAE, MANAKKAMBRATH HOUSE, OZHAYIL BHAGAM, DHARMADOM.P.O, THALASSERY VIAS, KANNUR DISTRICT - 670 106. BY ADV. SRI.SARVOTHAMAN RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.553 of 2011 ==================================== Dated this the 22nd day of February, 2011 O R D E R Petitioner is accused in S.C. No.514 of 2008 of the court of learned Additional Assistant Sessions Judge, Thalassery facing trial for offences punishable under Sections 3 and 5 of the Explosive Substance Act. Petitioner seeks to quash proceeding against him on the ground that the co-accused has been acquitted in S.C. No.33 of 2003 under Section 232 of the Code of Criminal Procedure (for short, “the Code”). Learned counsel submits that since petitioner was employed in UAE he could not take part in the trial along with other accused. Petitioner appeared on 16.07.2008 and he was granted exemption for six months. It is submitted that before the expiry of the said period warrant was issued. Having regard to the nature of the offence, alleged handling of country bombs in the party office and in the course of that persons involved sustained injuries I am not inclined to think that because some of the accused were acquitted under Sec.232 of the Code the case against petitioner is to be quashed. In matters affecting public tranquility and peace such leniency cannot be shown by this Court. Hence I decline to quash proceeding against petitioner, as requested by learned counsel. CRL.M.C. No.553 of 2011 -: 2 :- 2. Learned counsel submits that petitioner has to go abroad within a short time, otherwise his job will be affected. Certainly that is a concern which the learned Sessions Judge has to look into. Having regard to the facts and circumstances of the case I am inclined to keep in abeyance coercive steps against petitioner for some time so that petitioner could appear in the court concerned and seek appropriate relief. Resultantly, Criminal Miscellaneous Case is dismissed. But it is directed that the coercive steps against petitioner will stand in abeyance for a period of two weeks from this day. Petitioner shall appear before the learned Additional Assistant Sessions Judge, Thalassery within the said period of two weeks and move appropriate application for bail. Learned Additional Assistant Sessions Judge shall consider the application and pass appropriate orders as early as possible. Learned Additional Assistant Sessions Jude shall also consider the request of petitioner for early disposal of the case considering his grievance that he has to leave the country within three months. THOMAS P. JOSEPH, JUDGE. vsv