IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Crl.MC.No. 477 of 2011() ------------------------ CC.909/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM CRIME NO. 823/2004 of ERNAKULAM CENTRAL POLICE STATION .................... PETITIONERS/ACCUSED:- --------------------------- 1. JAVED PARVESH, AGED 38 YEARS, S/O.LATE KKS MOHAMMED, REPORTER, MALAYALA MANORAMA DAILY, PANAMPILLY NAGAR, COCHIN-36. NOW WORKING AS SENIOR REPORTER, MALAYALA MANORAMA, TRIVANDRUM UNIT. 2. TONY DOMINIC, S/O.DOMINIC THOMAS, AGED 39 YEARS, EDATHUPALA HOUSE, KACHAPPALLY ROAD, VYTTILA, ERNAKULAM DISTRICT. SENIOR PHOTOGRAPHER, MALAYALA MANORAMA, PANAMPILLY NAGAR, COCHIN-36. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENTS/STATE AND THE DEFACTO COMPLAINANT:- ----------------------------------------------------------------- 1. THE STATE OF KERALA, (CR.NO.823/2004 OF ERNAKULAM CENTRAL POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. BENNY CHACKO, S/O.CHACKO, AGED 39 YEARS, MAROTTIKKAL HOUSE, T.V.PURAM P.O., VAIKOM, KOTTAYAM DISTRICT-686 141. ADV. SRI.S.NIRMAL KUMAR FOR R2 SRI. B. VINOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO.477/2011 APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A : TRUE COPY OF THE CHARGE SHEET CUM FINAL REPORT IN CRIME NO. 823/2004 OF ERNAKULAM CENTRAL POLICE STATION. ANNEXURE B : TRUE COPY OF THE PAPER PUBLICATION IN THE METRO MANORAMA DATED 18.07.2003. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 477 of 2011 - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are the accused in Crime No. 823 of 2004 of Ernakulam Central Police Station and now pending as C.C. No. 909 of 2005 before the Judicial First Class Magistrate- II, Ernakulam. I am not inclined to quash the charge at this stage. It is open to petitioners to surrender before the trial court and apply for bail. If the petitioners surrender before the trial court on or before 26.09.2011 and apply for bail, they shall be released on bail on such terms and conditions the learned Magistrate deems fit. 3. The learned counsel for the petitioners states that the personal appearance of the petitioners may not be insisted upon before the trial court. If the petitioners file an application under Section 205 Cr.P.C., the learned Magistrate shall allow the same on such terms and conditions he deems fit. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv