IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Crl.MC.No. 510 of 2006() ------------------------ CC.593/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED. ----------------------- 1. THE EDITOR, MATHRUBHOOMI MALAYALAM DAILY MATHRUBHOOMI PRINTING AND PUBLISHING COMPANY, KOZHIKODE 1. 2. V.BHASKARA MENON, PRINTER AND PUBLISHER MATHRUBHOOMI MALAYALAM DAILY, KOCHI 17. BY ADV. SRI.JOSEPH KODIANTHARA SRI.MATHEWS K.UTHUPPACHAN RESPONDENT(S): COMPLAINANT. --------------------------- 1. E.P.SEBASTIAN, S/O.PAULOSE, EDASSERY HOUSE, AYROOR P.O. KUNNUKARA VILLAGE,PARUR TALUK, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI. B. JAYASURYA SRI.A.VIJAYAKUMAR FOR R1 SRI.A.N.SANTHOSH FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MA.A.NO.805/2006 IN CRL.M.C.NO.510/2006 DISMISSED 25.8.2011. SD/= B.P. RAY, JUDGE. /TRUE COPY/ P.S. TO JUDGE. cl B.P. RAY, J. ........................................... CRL.M.C.NO.510 OF 2006 ............................................. Dated this the 25th day of August, 2011. O R D E R Heard learned counsel for the petitioners and learned Public Prosecutor. 2. Petitioners are the accused in C.C.No.593/2004 on the file of the Judicial First Class Magistrate Court-I, Aluva. They are Editor and Printer and Publisher of Mathrubhoomi daily. The allegation levelled against them in Annexure- A complaint is that they published a news item which is defamatory and caused mental pain to the first respondent. 3. I am not inclined to quash the charge at this stage. It is open to the petitioners to raise all relevant points during trial. However, learned counsel for the petitioners submits that personal appearance of the petitioners may be dispensed with. If the petitioners file an application to exempt them from personal appearance within one month from today before the trial court, the trial court shall dispense with their personal appearance on such terms and conditions it deems fit. With the above observations, the Crl.M.C is disposed of. B.P. RAY, JUDGE. cl