IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Crl.MC.No. 3385 of 2006() ------------------------------------- CC.NO. 607/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED NOS.2 TO 6 --------------------------------------------------------- * 1. K.M.MATHEW, CHIEF EDITOR, MALAYALA MANORAMA DAILY, KOTTAYAM.(DELETED) 2. MAMMEN VARGHESE, PRINTER & PUBLISHER, MALAYALA MANORAMA DAILY, KOTTAYAM. 3. JACOB MATHEW, PRINTER & PUBLISHER, MALAYALA MANORAMA DAILY, THIRUVANANTHAPURAM. 4. MAMMEN MATHEW, EDITOR, MALAYALA MANORAMA DAILY, THIRUVANANTHAPURAM. 5. JOHN MUNDAKKAYAM,BUREAU CHIEF, MALAYALA MANORAMA DAILY, THIRUVANANTHAPURAM. * NAME OF THE FIRST PETITIONER DELETED AS PER ORDER DATED 12/8/2011 IN CRMC.NO.3385/2006 BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): STATE, DEFACTO COMPLAINANT & 1ST ACCUSED ------------------------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHRI. JOMON PUTHENPURACKAL, S/O. KURIAKOSE, PUTHENPURACKAL HOUSE, NEENDOOR P.O., KOTTAYAM. 3. SHRI. S.CHANDRAMOHAN, SAROJA, AYROOPPARA, POTHENCODE VIA, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SRI.B.VINOF R2 BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE R3 BY ADV. SRI.S.RAJEEV THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRMC.NO.3385/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE PUBLICATION DATED 12/09/2001 APPEARED IN MALAYALA MANORAMA DAILY. ANNEX B COPY OF THE PRIVATE COMPLAINT FIELD BY THE SECOND RESPONDENT. ANNEX C COPY OF THE FINAL REPORT DATED 31/08/2006 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-III, TRIVANDRUM. ANNEX D COPY OF THE CERTAIN REPORTS PUBLISHED IN KALAPREMI DATED 30/03/2004, MANGALAM DATED 27/03/2004, MADHYAMAM DATED 27/03/2004 AND THE NEW INDIAN EXPRESS DATED 27/03/2004. ANNEX E COPY OF THE REPORTS APPEARED IN MALAYALA MANORAMA DAILY DATED 14/09/2001 AND DEEPIKA DATED 19/11/2005. RESPONDENT'S ANNEXURES: ANNEX R2-1 COPY OF THE MALAYALA MANORAMA DAILY DATED 10TH JANUARY 2003 ANNEX R2-2 COPY OF THE MALAYALA MANORAMA DAILY DATED 11TH OCTOBER 2006. ANNEX R2-3 COPY OF THE LETTER FROM THE MADHYAMAM DAILY DATED 29TH JULY 2004. ANNEX R2-4 COPY OF THE LETTER OF INSPECTOR GENERAL OF POLICE, SOUTH ZONE DATED 14TH OCTOBER 2005. ANNEX R2-5 COPY OF THE FINAL REPORT OF 50/04 DATED 8TH AUGUST 2005. ANNEX R2-6 COPY OF THE REPRESENTATION TO HON'BLE MINISTER OF STATE PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DATED 16TH NOVEMBER 2000. ANNEX R2-7 COPY OF THE FORWARDING LETTER OF HON'BLE MINISTER OF STATE FOR RAILWAYS DATED 17TH NOVEMBER 2000. ANNEX R2-8 COPY OF THE LETTER OF HON'BLE MINISTER OF STATE PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DATED 1ST DECEMBER 2000. ANNEX R2-9 COPY OF THE MATHRUBHUMI DAILY DATED 29TH MARCH 2007. /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.3385 of 2006 - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are accused Nos. 2 to 6 in C.C. No. 607 of 2006 on the file of the Judicial First Class Magistrate-III, Thiruvananthapuram for offences punishable under Sections 468, 469, 471, 500 and 120B IPC. I am not inclined to interfere at this stage. It is open to the petitioners to plead for a discharge. If the petitioners file an application under Section 205 Cr.P.C before the trial court on or before 07.09.2011 for dispensing with the personal appearance, the same shall be allowed and they will be permitted to plead for a discharge in absentia. The name of the first petitioner be deleted. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv