IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Crl.MC.No. 1804 of 2006 --------------------------------------- CC.1825/2005 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONERS/ACCUSED 1 AND 2: ----------------------------------------------------- 1. ARAVINDAN MANIKOTH, EDITOR, `LATEST DAILY', (WRONGLY SHOWN AS EDITOR, BUT HE IS MANAGING EDITOR), KANHANGAD SOUTH P.O., KASARGOD DISTRICT. 2. MRS.K.V.RUGMINI, PRINTER AND PUBLISHER, `LATEST DAILY', (WRONGLY SHOWN AS PRINTER AND PUBLISHER BUT SHE IS ONLY THE OWNER OF THE PRESS) KANHANGAD SOUTH P.O., KASARGOD DISTRICT). BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: STATE AND COMPLAINANT ----------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.BALAN, S/O.LATE POKKAN, RESIDING AT NHERU, KUTTIKOL P.O., KASARGOD. PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU SRI.M.SASINDRAN FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1804 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September 2009 ORDER Having heard learned counsel for the petitioner and having perused the materials available on record, I am satisfied that this is not a fit case wherein the inherent power under Section 482 of the Code of Criminal Procedure is to be invoked. It will be open to the petitioners to raise all their contentions before the trial court at the appropriate stage and plead for discharge in accordance with law. 2. However, in the peculiar facts and circumstances of the case, personal appearance of petitioner No.2 can be dispensed with, if such a motion is made by the said petitioner before the court below. The learned Magistrate shall pass appropriate orders on the application, if any, that may be filed on behalf of petitioner No.2 in this regard in accordance with law. The Crl.M.C. is disposed of with liberty to the petitioners to raise all their contentions before the trial court as indicated above. (A.K.BASHEER, JUDGE) jes