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Johny Lukose vs G.Surendran

Johny Lukose vs G.Surendran

Type Court Judgment Court Kerala Decided Jun 27, 2019
~23 min read
https://sooperkanoon.com/case/1871981

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/84/2017

Parties & Advocates

Appellant / Petitioner

Johny Lukose

Respondent

G.Surendran

Excerpt

.....prosecutorthis criminal misc. case having been finally heard on 27.06.2019, along with crl.mc.139/2017, crl.mc.4128/2017, crl.mc.2846/2017, crl.mc.8901/2016, crl.mc.1190/2018, crl.mc.1198/2018,crl.mc.7667/2017, crl.mc.84/2017, crl.mc.4053/2018, the court on the same day passed the following:in the high court of kerala at ernakulampresent the honourable mr. justice p.ubaid thursday, the 27th day of june 2019 / 6th ashadha, 1941 crl.mc.no.1190 of 2018 against the judgment in st 695/2017 of judicial magistrate of first class -i, cherthala petitioner/11th accused: kanam rajendran aged 68 years chief editor,janyugam publication ltd,veekshanam road, ernakulamsecretary, kerala state committee, communist party of india,m.n.smarakam, tc 24/466. gandhi bhavan rd, hosuing board,thycaud, thiruvananthapuram, pin 695 014 by advs. sri.v.m.krishnakumar smt.surya binoy respondent/state & complainant: 1 state of kerala represented by public prosecutor,high court of kerala, ernakulam pin-682 031 2 thomas joseph s/o joseph, aged 61 years, advocatepvp building, t.b.road, cherthala,alappuzha, pin 688 524 by santhosh peter, sr.public prosecutor this criminal misc. case having been finally heard on 27.06.2019, along with crl.mc.139/2017, crl.mc.4128/2017, crl.mc.2846/2017, crl.mc.8901/2016, crl.mc.1198/2018, crl.mc.220/2017, crl.mc.7667/2017, crl.mc.84/2017, crl.mc.4053/2018, the court on the same day delivered the following:in the high court of kerala at ernakulampresent the honourable mr. justice p.ubaid thursday, the 27th day of june 2019 / 6th ashadha, 1941 crl.mc.no.1198 of 2018 against the judgment in st 695/2017 of judicial magistrate of first class -i, cherthala petitioners/accused no15-17 in s.t.:1 mathruka pracharanalayam ltd perandoor road, elamakkara, ernakulam - 682 026represented by its chairman, ramakrishna pillai,rajesekharan pillai, elamakaara, ernakulam 68202. 2 ramakrishna pillai rajesekharan pillai chairman, mathruka,pracharanalaym ltd., perandur road,elamakkara,.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.84 of 2017 AGAINST THE JUDGMENT IN CC 1871/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR PETITIONER/ACCUSED NO.3: JOHNY LUKOSE THE NEWS DIRECTOR, ADMINISTRATIVE OFFICE, M.M.T.V LTD, N.H.BYPASS ROAD, AROOR P.O.,ALAPPUZHA - 688 534. BY ADVS. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS/COMPLAINANTS 1 & 2/ACCUSED & STATE:

1 G.SURENDRAN (K/424/1979) AGED 64, ADVOCATE,PUNALUR, S/O. GOPALAN, RESIDING AT ARAMAM,THAZHAMEL MURI, ANCHAL VILLAGE, PUNALUR TALUK,KOLLAM DISTRICT, KERALA STATE - 691 306. 2 DR.SEBASTIAN PAUL ADVOCATE, BCK ENROLMENT NO. K/350/1981,S/O. M.S.PAUL, AGED ABOUT 69 YEARS, ST.FRANCIS CHURCH CROSS ROAD, KOCHI - 682 018,PRESENTLY RESIDING AT MANJAPPILLI HOUSE,PROVIDENCE ROAD, KOCHI - 682 018. 3 M.G.RADHAKRISHNAN EDITOR-IN-CHIEF, ASIANET NEWS NETWORK PRIVATE LIMITED,TC 26/621 (1 TO 13 NOS), SECRETARIATE WARD,OPPOSITE KERALA FIRE AND RESCUE SERVICEHEAD QUARTERS, HOUSING BOARD JUNCTION,THIRUVANANTHAPURAM - 695 001. 4 STATE OF KERALA REPRESENTED BY THE PUBLC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,KOCHI - 682 031 BY ADVS. SRI T A SHAJI SR ADV SRI.K.K.DHEERENDRAKRISHNAN SRI.BEN TOM SRI.V.V.NANDAGOPAL NAMBIAR SMT.K.KRISHNA

SMT.SABEENA P.ISMAIL SRI.D.FEROZE SRI.S.RAJEEV SRI.V.VINAY SRI.S.VIJAYAKUMAR (NALLOOR) SMT.VARADA SURENDRAN SRI SANTHOSH PETER-SR PP, THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.220/2017, Crl.MC.1190/2018, Crl.MC.1198/2018, Crl.MC.2846/2017, Crl.MC.4053/2018, Crl.MC.4128/2017, Crl.MC.7667/2017, Crl.MC.8901/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.139 of 2017 AGAINST THE JUDGMENT IN CC 1840/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA PETITIONER/1ST ACCUSED: SEBASTIAN PAUL ADVOCATE PROVIDENCE ROAD KOCHI 682 018 BY ADVS. SRI.S.VIJAYAKUMAR (NALLOOR) SMT.LIZAMMA AUGUSTINE SRI.BEN TOM SMT.VARADA SURENDRAN RESPONDENT/ACCUSED NOS.2 & 3/ STATE:

1 D.VELAYUUDHAN NAIR ADVOCATE ANAVOOR NEYYATTINKARA 695 121 2 NISHA JEBI NEWS PRODUCER, MANORAMA NEWS, NH BYPASS ROAD, AROOR ALAPPUZHA 688 534 3 JOHNY LUKOSE DIRECTOR OF NEWS, MANORAMA NEWS, MM TV LTD, NH BYPASS ROAD,AROOR, ALAPPUZHA 4 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA KOCHI 682 031 BY ADVS. SRI.AMAL KASHA SRI.MILLU DANDAPANI SMT.M.ISHA SRI.T.A.SHAJI (SR.) SRI.T.B.HOOD SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.4128/2017, Crl.MC.2846/2017, Crl.MC.8901/2016, Crl.MC.1190/2018, Crl.MC.1198/2018, Crl.MC.220/2017,Crl.MC.7667/2017,Crl.MC.84/2017,Crl.MC.4053/ 2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.220 of 2017 AGAINST THE JUDGMENT IN CC 1871/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR PETITIONER/ACCUSED NO.1: SEBASTIAN PAUL ADVOCATE, PROVIDENCE ROAD, KOCHI 682018. BY ADVS. SRI.S.VIJAYAKUMAR (NALLOOR) SMT.LIZAMMA AUGUSTINE SRI.BEN TOM SMT.VARADA SURENDRAN RESPONDENT/COMPLAINANT & STATE:

1 G. SURENDRAN AGED 64, S/O.GOPALAN, ARAMANA HOUSE, ANCHAL P.O., ADVOCATE, PUNALUR 691305. 2 M.G.RADHAKRISHNAN EDITOR IN CHIEF, ASIANET NEWS NETWORK PRIVATE LIMITED, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM-695001. 3 JOHNY LUKOSE DIRECTOR OF NEWS, MM TV LTD., NH BYPASS ROAD, AROOR, ALAPPUZHA-688534. 4 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031. BY ADV. SRI.MILLU DANDAPANI SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.4128/2017, Crl.MC.2846/2017, Crl.MC.8901/2016, Crl.MC.1190/2018, Crl.MC.1198/2018,Crl.MC.7667/2017, Crl.MC.84/2017, Crl.MC.4053/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.1190 of 2018 AGAINST THE JUDGMENT IN ST 695/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA PETITIONER/11TH ACCUSED: KANAM RAJENDRAN AGED 68 YEARS CHIEF EDITOR,JANYUGAM PUBLICATION LTD,VEEKSHANAM ROAD, ERNAKULAMSECRETARY, KERALA STATE COMMITTEE, COMMUNIST PARTY OF INDIA,M.N.SMARAKAM, TC 24/466. GANDHI BHAVAN RD, HOSUING BOARD,THYCAUD, THIRUVANANTHAPURAM, PIN 695 014 BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.SURYA BINOY RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM PIN-682 031 2 THOMAS JOSEPH S/O JOSEPH, AGED 61 YEARS, ADVOCATEPVP BUILDING, T.B.ROAD, CHERTHALA,ALAPPUZHA, PIN 688 524 BY SANTHOSH PETER, SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.4128/2017, Crl.MC.2846/2017, Crl.MC.8901/2016, Crl.MC.1198/2018, Crl.MC.220/2017, Crl.MC.7667/2017, Crl.MC.84/2017, Crl.MC.4053/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.1198 of 2018 AGAINST THE JUDGMENT IN ST 695/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA PETITIONERS/ACCUSED NO15-17 IN S.T.:

1 MATHRUKA PRACHARANALAYAM LTD PERANDOOR ROAD, ELAMAKKARA, ERNAKULAM - 682 026REPRESENTED BY ITS CHAIRMAN, RAMAKRISHNA PILLAI,RAJESEKHARAN PILLAI, ELAMAKAARA, ERNAKULAM 68202. 2 RAMAKRISHNA PILLAI RAJESEKHARAN PILLAI CHAIRMAN, MATHRUKA,PRACHARANALAYM LTD., PERANDUR ROAD,ELAMAKKARA, ERNAKULAM 682 026. 3 JAYACHANDRAN NAIR DIRECTOR, MATHRUKA PRACHARANALAYAM LTD,PERANDUR ROAD, ELAMAKKARA, ERNAKULAM 682 026. BY ADVS. SRI.SAJITH KUMAR V. SRI.JOSIE MATHEW

RESPONDENT/STATE, COMPLAINANT & 1ST ACCUSED IN S.T:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THOMAS JOSEPH S/O.JOSEPH, AGED 60 YEARS,RESIDING AT THALANANY HOUSE, CMC-28, CHERTHALA,ADVOCATE BY PROFESSION AND PRACTICING AT SUB COURT CENTER,CHERTHALA AND HAVING OFFICE AT P.V.P BUILDINGS,T.B.ROAD, CHERTHALA, PIN: 688 524. 3 DR.SEBASTIAN PAUL ADVOCATE, S/O.LATE PAUL, AGED ABOUT 70 YEARS,PROVIDENCE ROAD, ERNAKULAM - 682 018.

BY ADVS. SMT.LIZAMMA AUGUSTINE SMT.VARADA SURENDRAN SRI.S.VIJAYAKUMAR (NALLOOR) SRI.SANTHOSH PETER, SR. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.4128/2017, Crl.MC.2846/2017, Crl.MC.8901/2016, Crl.MC.1190/2018, Crl.MC.220/2017, Crl.MC.7667/2017, Crl.MC.84/2017, Crl.MC.4053/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.2846 of 2017 AGAINST THE JUDGMENT IN CC 1871/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR PETITIONER/ACCUSED NO.2: M.G.RADHAKRISHNAN EDITOR IN CHIEF, ASIANET NEWS NETWORM PVT.LTD., TC 26/621, SECRETARIATE WARD, OPPOSITE KERALA FIRE AND RESCUE SERVICE HEAD QUARTERS, HOUSING BAORD JUNCTION, THIRUVANANTHAPURAM, 695001. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2 ADV SURENDRAN K4241979 ADVCATE, PUNALUR, RESIDING AT ARAMAM, THAZHAMEL MURI, ANCHAL VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT, KERALA STATE-691501. BY SRI.SANTHOSH PETER, SR. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.4128/2017, Crl.MC.8901/2016, Crl.MC.1190/2018, Crl.MC.1198/2018, Crl.MC.220/2017, Crl.MC.7667/2017, Crl.MC.84/2017, Crl.MC.4053/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.4053 of 2018 AGAINST THE JUDGMENT IN ST 695/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA PETITIONER/ACCUSED NOS.9 & 10: 1 JANAYUGOM PUBLICATION LIMITED VEEKSHANAM ROAD, ERNAKULAM, COCHIN-682035, REPRESENTED BY ITS MANAGING DIRECTOR, N.RAJAN. 2 V.B.BINU FORMERLY PRINTER AND PUBLISHER, JANAYUGOM PUBLICATIONS, VEEKSHANAM ROAD, ERNAKULAM, COCHIN-682035. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.SURYA BINOY RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 THOMAS JOSEPH ADVOCATE S/O.JOSEPH, AGED 61 YEARS, PVP BUILDING, T.B.ROAD, CHERTHALA, ALAPPUZHA, PIN-688524. BY SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.4128/2017, Crl.MC.2846/2017, Crl.MC.8901/2016, Crl.MC.1190/2018, Crl.MC.1198/2018, Crl.MC.220/2017, Crl.MC.7667/2017, Crl.MC.84/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.4128 of 2017 AGAINST THE JUDGMENT IN ST 695/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA PETITIONERS/ ACCUSED NOS.2 TO 8:

1 MALAYALA MANORAMA CO.LIMITED AGED 60 YEARS K.K ROAD, KOTTAYAM 686 001 REPRESENTED BY ITS MANAGING DIRECTOR/CHAIRMAN,OFFICE OF THE MALAYALA MANORAMA, KOTTAYAM 2 PHILIP MATHEW MANAGING EDITOR,MALAYALA MANORAMA CO. LTDK.K ROAD, KOTAYAM 686 001 3 MARY KURIEN DIRECTOR MALAYALA MANORAM CO.LTDK.K ROAD, KOTTAYAM 686 001 4 KOSHY ABRAHAM,DIRECTOR MALAYALA MANORAM CO.LTDK.K ROAD, KOTTAYAM 686 001 5 MAMMEN MATHEW CHIEF EDITOR,MALAYALA MANORAM CO.LTDK.K ROAD, KOTTAYAM 686 001 6 JACOB MATHEWPUBLISHER MALAYALA MANORAM CO.LTDK.K ROAD, KOTTAYAM 686 001 7 NISHA JEBY READER,MALAYALA MANORAM CO.LTDK.K ROAD, KOTTAYAM 686 001 BY ADVS. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI

RESPONDENT/COMPLAINANT/1ST ACCUSED/STATE :

1 SHRI THOMAS JOSEPH S/O. JOSEPH, AGED 60 YEARS, RESIDING AT THALANANY HOUSE,CMC-28,CHERTHALA,ADVOCATE BY PROFESSION AND PRACTICING AT SUB COURT CENTER, CHERTHALA AND HAVING OFFICE AT P.V.P BUILDINGS, T.B ROAD, CHERTHALA, PIN 688 524. 2 DR.SEBASTIAN PAUL S/O. LATE PAUL,AGED ABOUT 70 YEARS, PROVIDENCE ROAD, ERNAKULAM, KOCHI 682 018. 3 STATE OF KERALA REPRSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, KOCHI 682 031 BY ADVS. SMT.LIZAMMA AUGUSTINE SMT.VARADA SURENDRAN SRI.S.VIJAYAKUMAR (NALLOOR) SRIS.SANTHOSH PETER, SR. PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.2846/2017, Crl.MC.8901/2016, Crl.MC.1190/2018, Crl.MC.1198/2018, Crl.MC.220/2017, Crl.MC.7667/2017, Crl.MC.84/2017, Crl.MC.4053/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.7667 of 2017 AGAINST THE JUDGMENT IN ST 695/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA PETITIONER/ACCUSED NOS.18 TO 20: 1 MADHYAMAM DAILY IDEAL PUBLICATION TRUST, SILVER HILLS, KOZHIKODE - 12, REPRESENTED BY ITS MANAGING DIRECTOR/CHAIRMAN. 2 T.K. FAROOK PRINTER AND PUBLISHER, MADHYAMAM DAILY, IDEAL PUBLICATION TRUST, SILVER HILLS, KOZHIKODE - 12. 3 O. ABDUL RAHMAN EDITOR, MADHYAMAM DAILY, IDEAL PUBLICATION TRUST, SILVER HILLS, KOZHIKODE - 12. BY ADVS. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.V.S.THOSHIN RESPONDENT/ DE FACTO COMPLAINANT: 1 THOMAS JOSEPH S/O. JOSEPH, AGED 60 YEARS, RESIDING AT THALANANY HOUSE, CMC-28, CHERTHALA AND HAVING OFFICE AT PVP BUILDING, T.B. ROAD, CHERTHALA, PIN - 688 524. 2 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.4128/2017, Crl.MC.2846/2017, Crl.MC.8901/2016, Crl.MC.1190/2018, Crl.MC.1198/2018, Crl.MC.220/2017, Crl.MC.84/2017, & Crl.MC.4053/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 27TH DAY OF JUNE 2019 / 6TH ASHADHA, 1941 Crl.MC.No.8901 of 2016 AGAINST THE JUDGMENT IN CC 1840/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS -III,NEYYATTINKARA PETITIONERS/ACCUSED 2 & 3: 1 NISH JEBI NEWS PRODUCER, MANORAMA NEWS, M.M.T.V. LTD., N.H.BYPASS ROAD, AROOR P.O, ALAPPUZHA-688534. 2 JOHNY LUKOSE DIRECTOR OF NEWS, MANORAMA NEWS, M.M.T.V. LTD.,N.H.BYPASS ROAD, AROOR P.O, ALAPPUZHA-688534. BY ADVS. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT/COMPLAINANT/1ST ACCUSED & STATE:

1 D.VELAYUDHAN NAIR S/O. DIVAKARAN NAIR, ADVOCATE, SRI RENGAM, ANAVOOR DESOM,ANAVOOR VILLAGE, ANAVOOR P.O., NEYYATTINKARA TALUK-695121. 2 DR.SEBASTIAN PAUL S/O. M.S.PAUL, MANJAPALLY HOUSE, PROVIDENCE ROAD, KOCHI-682018. 3 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY ADVS. SRI.AMAL KASHA SRI.BEN TOM SMT.LIZAMMA AUGUSTINE SMT.M.ISHA SRI.S.VIJAYAKUMAR (NALLOOR) SRI.T.A.SHAJI (SR.) SRI.T.B.HOOD SMT.VARADA SURENDRAN BY SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.06.2019, ALONG WITH Crl.MC.139/2017, Crl.MC.4128/2017, Crl.MC.2846/2017, Crl.MC.1190/2018, Crl.MC.1198/2018, Crl.MC.220/2017, Crl.MC.7667/2017, Crl.MC.84/2017, & Crl.MC.4053/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

JUDGMENT

This batch of cases relate to three prosecutions pending before three courts in Kerala. One case is before the Judicial First Class Magistrate Court-I, Punalur, the other is before the Judicial First Class Magistrate Court-III, Neyyattinkara, and the third is before the Judicial

First     Class       Magistrate       Court-I,     Cherthala.          The
petitioners in           Crl.M.C. No. 220 of 2017, Crl.M.C.
No.    2846     of     2017    and     Crl.M.C.     84    of    2017   are

respectively the accused Nos. 1, 2 and 3 in C.C. No. 1871 of 2016 of the Judicial First Class Magistrate Court-I, Punalur, the petitioner in Crl.M.C.. No. 139 of 2017 is the first accused in C.C. No. 1840 of 2016 the Judicial First Class Magistrate Court-III, Neyyattinkara, and the petitioners in Crl.M.C. No. 8901 of 2016 are the accused Nos. 2 and 3 therein. The first accused in this case is also the first accused in C.C. No.

1871 of 2016. The petitioners in Crl.M.C. No. 4128 of 2017 are the accused Nos. 2 to 8 in S.T. No. 695 of 2017 of the Judicial First Class Magistrate Court-I, Cherthala, the petitioners in Crl.M.C. 4053 of 2018 are the accused Nos. 9 and 10 therein, the petitioner in Crl.M.C. No. 1190 of 2018 is the 11th accused therein, the petitioners in Crl.M.C. No. 1198 of 2018 are the accused Nos. 15 to 17 therein, and the petitioners in Crl.M.C. No. 766 of

2017 are         the accused Nos. 18 to 20 in the said
case.      The first accused in S.T. No. 695 of 2017 of
the     Judicial        First       Class       Magistrate      Court-I,

Cherthala, is also the first accused in the other two cases. The different petitioners include some media persons and reporters of print and electronic media, the persons in administration of the media establishments, and also an advocate of the High

Court Bar Association.                In all the cases, the said
advocate        is     the     first         accused.        All   these
prosecutions          were      brought        by    the     members   of
different       Bar     Associations.            The    complainant    in

C.C. No. 1871 of 2016 of the Judicial First Class Magistrate Court-I, Punalur, is a member of the Punalur Bar Association, the complainant in C.C. No. 1840 of 2016 of the Judicial First Class Magistrate Court-III, Neyyattinkara, is the President of the Neyyattinkara Bar Association, and the complainant in S.T. No. 695 of 2017 of the Judicial First Class Magistrate Court-I, Cherthala, is a Member of the Cherthala Bar Association.

2. The offence alleged in all the cases is defamation, punishable under Section 500 of the

Indian Penal Code. The issue is concerning a statement of criticism made by the first accused (advocate) in the wake of a tussle between some members of the High Court Bar Association, and some media persons in connection with a row over the news spread and published about a member of the High Court Bar Association in connection with a pending police case and court proceedings against

him. As part of the row and tussle, some lawyers of the High Court Bar Association, and also some media persons turned violent near the court premises, and this led to an unpleasant and inexcusable open fight between the two groups. This unpleasant situation which cannot at all be

expected       in    a     set    up    where       the    two     groups     are
expected        to    honour          each     other,       led    to    severe
criticism       from       different          corners,      including         some
members of the High Court Bar Association.                                    The

first accused, who is also a member of the High Court Bar Association made a criticism by way of an open statement through media against the Advocates, and specifically against the members of the High Court Bar Association who turned violent near the High Court premises. During such criticism of intolerance on the part of the Advocates, he even compared them to stray dogs. This comparison in the statements led to the present complaints against

the Advocate, and along with him, some media persons are also being prosecuted. The allegation in the complaints is that the said statement made by the Advocate has seriously affected the reputation of the lawyer community as a whole, and the members of the High Court Bar Association particularly, and that such a statement has lowered them down very much in the estimation of the general public. On such allegations, different

Advocates made complaints before the three courts, and after necessary enquiry, cognizance was taken at the three courts under Section 500 IPC against the advocate and others. Those prosecutions are sought to be quashed under Section 482 of the Code of Criminal Procedure.

3. The two important questions for

consideration in these matters are (a)                       whether the
Advocates       of    the     High     Court    Bar    Association       or
Advocates generally                to whom the 1st accused              has
referred        in     his     statement        of    criticism        will
constitute a “class”                as meant under the law,            and

(b) whether the statement allegedly made by the

Advocate       can    be     said    to    be      defamatory     in    any
sense.         The     1st    issue,       as   to    whether    lawyers
collectively         can      be    said   to   be    an    identifiable

class came up for consideration before this Court in Malayala Manorama Co.Ltd V. Deepak [2018 (1) KLT 928], and this court answered the point against the lawyer community. It appears that nobody has challenged the said decision of the learned Single Judge.

4. Defamation is defined under Section 499 of the I.P.C as follows:

“499. Defamation: Whoever, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.”

5. Explanation 2 to Section 499 I.P.C is that it may amount to defamation to make an imputation

concerning         a        company        or        an    association        or
collection of persons.                     But to          come under the
explanation         2 to Section 499 I.P.C, the                        class of
persons       must be a        distinct and identifiable class

with its own identity, unity, characteristics, ways

and    objectives.             A     mere       collection        of    persons
cannot be said to be                 a class of persons as meant
under the law.               A mere collection of individuals
may have different characters within                              it, and it
may    consist       of    different        elements.        A    class    of
persons            consisting       of      different        elements     of
different character and                 culture, or different ways

or means or object cannot be said to be a class of persons as meant by explanation 2 to Section 499

IPC.        Here the class is               the class of Advocates
meant       and     referred       to      by     the     maker    of     the
statement.              Advocates in Kerala have their own
collective         body    under      the       Bar     Council,    and    at
different          court     centres         we       have        different

collection of Advocates forming Bar Associations. All the Bar Associations consist of only Advocates having commonness in practice everywhere. Anyway, the legal issue stands concluded by this Court, and that too in a case involving the very same statement made by the very same Advocate. So I need not make further probe into that aspect.

6. Now the short question is whether the

alleged statement made by the 1st accused can be said to be defamatory. To make it defamatory and punishable under Section 500 I.P.C, it must be a statement that will have the effect of harming the reputation of Advocates, or lowering them down in the estimation of the others. Any statement made or words spoken against a person with the object of

lowering his             dignity or          credit or character will
cause          a    prosecution         under      Section        500    I.P.C.
[2015 (4) KLT SN 71 - Case No.86].                            The stand of

the Advocate is that it is a severe criticism made

by   him     against        the    Advocate          Community.         What   is
required to          constitute defamation under the law is
a    statement            which     contains            imputations            or

allegations which will have the effect of lowering an individual or a class of persons down in the estimation of others. A statement of criticism against an individual or a class, however scathing or withering it is, will not by itself amount to

defamatory           statement.              So      also,        an    abusive
statement                that     may      cause      humiliation              or
discomfort          or    annoyance        to   an    individual         or     a
class     of       persons      will    not       amount     to    defamatory
statement as defined under Section 499 I.P.C.                                  In
the instant cases, the subject of                            attack is         a
statement       of     criticism       made   by    the     1 st    accused
against       the      lawyer       community       or     specifically
against the Advocates at large                 in Kerala.          He made
such statement in the               wake of a fight between some
lawyers of the Bar Association of the                        High Court

and some media persons. Such fights happened later als,o after the unpardonable incident that happened near the premises of the High Court.

7. In deciding whether a statement against a class of persons is defamatory or not, it will assume importance whether the statement is from within or from outside. In this case, the statement

is    not from outside but from within.                      A class of
persons,       if      at    all    identifiable         with      distinct
characteristics             and    features     will       consist        of
different types of characters and elements.                           When

a statement of criticism comes against such a class

from within in the wake of                 any untoward conduct on
the part of some members of the class,                              such a
statement        of    criticism           cannot   be     said      to   be
defamatory.           It might be that the statement made by
the 1st accused          caused annoyance or humiliation                    in
the mind of some Advocates.                     It might be that some
Advocates cannot tolerate such a criticism.                                But
the    question        is    not    whether         the    Advocates       can

tolerate the statements or whether the statements would humiliate or abuse them. Every statement that humiliates an individual or a class of persons, or every statement that causes some sort of intolerance or annoyance or discomfort to the members of a class or individuals cannot be said to be defamatory. Statements of criticism made in certain context, or in the context of some incidents that call for such criticism also cannot

be    said    to    be    defamatory            because     criticism       is
always        criticism.           Any criticism made with such
bona     fide      intention,       by      a   member      belonging       to
either of the            groups involved in the fight that
caused       the      criticism,           cannot   be     said   to   be    a

defamatory statement. In this case, the grievance of the Advocates is that the 1st accused compared the Advocates to stray dogs. He made such a criticism or statement in the wake of the violent tussle made by the Advocates and the media persons near the court premises. The profession of law is said to be a dignified and noble profession. The members of this profession cannot behave disorderly

or violently in courts or                      court premises or even
outside,       whatever        criticism         or    provocation    comes
from     others.        That       is    why     probably     the     first
accused       made      a    scathing          and      cruel    criticism
against the Advocates.                   No doubt, the criticism or
the statement made by him will evoke protest                             from
Advocates.        No doubt, it will cause humiliation and
annoyance to the Advocates.                      But that alone is not

sufficient for a prosecution under Section 500 IPC. It requires something more, that such criticism or

statement          has      damaged        the        reputation    of     the
Advocates        or         has         lowered       them   down   in     the
estimation         of       others.             What     matters     for     a

prosecution under Section 500 I.P.C is not what the

Advocates       have        felt    from       the    statements    against
them, but what the others would feel                         about them on
the basis of such statements.                          On an analysis of

the statements allegedly made by the 1 st accused, I find that it was not probably meant to defame Advocates, but only as a severe criticism against the Bar of which he is a member.

8. I find that continuance of the prosecutions against the Advocate and others including media persons will be an abuse of legal process. When there is nothing per se defamatory to lead to a

trial under           the Code of Criminal Procedure, the
High        Court     cannot       allow     continuance        of     the
prosecution.          If the 1st accused has wounded                   the
feelings       of   the     Advocates,      and     if   he   has    acted
against the discipline of the                     body to which he
belongs,       of     course,       the     Association        can    take
necessary action against him.                 But that cannot be a
ground to prosecute him under Section                           500 IPC.
The     court's       concern       is       whether      the    alleged

statement will in any manner impair or damage, the fame and reputation of Advocates as a whole. I do not think that he had any mala fide intention, or any intention to defame anybody, or to damage the reputation of the Advocates as a whole or that of any individual Advocate. I find that the prosecution against the Advocate and others is liable to be quashed.

9. The learned senior counsel appearing for

the    complainant           referred        to    a    decision       of    the
Hon'ble      Supreme         Court   in       Sahib      Singh       Mehra    V.
State      of    U.P.    [(1965)       2    SCR       823]    and    also    the

decision of a learned Single Bench of this Court in

Jacob      Mathew       and    others        V.   State       of    Kerala     &
Another [2013) (3) ILR (Ker) 547].                            Of course, as
regards         the   proposition           canvassed,         there    is   no
dispute.          But the principle in the context of this

case is covered by the decision of this Court cited supra in Malayala Manorama's case. Anyway, the crucial issue is whether the alleged statement is defamatory. When the court has found that the statement is not defamatory, it is quite immaterial whether the Advocates can claim to be a class of persons as meant under Section 499 IPC. In the result, all these petitions are allowed. Accordingly, the prosecution against the petitioners in CC 1871/2016 of the Judicial First Class Magistrate Court-I, Punalur, C.C 1840/2016 of

the Judicial First Class Magistrate Court-III, Neyyattinkara and ST 695/2017 of the Judicial First Class Magistrate Court-I, Cherthala will stand quashed under Section 482 Cr.P.C. Sd/- P.UBAID ma /True copy/ JUDGE P.S to Judge APPENDIX OF Crl.MC 84/2017 PETITIONER'S/S EXHIBITS: ANNEXURE-A: TRUE COPY OF THE COMPLAINT IN CC NO. FIRST CLASS MAGISTRE'S COURT, PUNALUR DATED 10.11.2016. APPENDIX OF Crl.MC 139/2017 PETITIONER'S/S EXHIBITS: ANNEXURE A CERTIFIED COPY OF THE COMPLAINT FILED AT JFCM COURT -III AT NEYYATTINKARA- NUMBERED AS CC 1840 OF 2016 ANNEXURE B CERTIFIED COPY OF THE SWORN STATEMENT GIVEN BY THE COMPLAINANT APPENDIX OF Crl.MC 220/2017 PETITIONER'S/S EXHIBITS: ANNEXURE A- CERTIFIED COPY OF THE COMPLAINT FILED AT JFCM COURT-1 AT PUNALUR-NUMBERED AS CC1871 OF 2016. ANNEXURE B- CERTIFIED COPY OF THE SWORN STATEMENT GIVEN BY THE COMPLAINANT. APPENDIX OF Crl.MC 1190/2018 PETITIONER'S/S EXHIBITS: ANNEXURE 1 TRUE COPY OF THE ANNE.1 COMPLAINT DATED 04-11-2016 LEADING TO ST NO.695 OF 2017 BEFORE THE JFCM-1 CHERTHALA ANNEXURE II TRUE COPY OF THE DEPOSITION OF THE COMPLAINANT BEFORE THE LEARNED JFCM-1, CHERTHALA APPENDIX OF Crl.MC 1198/2018 PETITIONER'S/S EXHIBITS: ANNEXURE A A CERTIFIED COPY OF THE COMPLAINT IN ST. NO.695 OF 2017 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, CHERTHALA ANNEXURE B A TRUE COPY OF THE INTERIM ORDER DATED APPENDIX OF Crl.MC 2846/2017 PETITIONER'S/S EXHIBITS: ANNEXURE I A TRUE CERTIFIED COPY OF COMPLAINT IN CC MAGISTRATE COURT-I, PUNALUR. APPENDIX OF Crl.MC 4053/2018 PETITIONERS/S EXHIBITS: ANNEXURE I TRUE COPY OF THE ANNE.I COMPLAINT DATED 04-11-2016 LEADING TO ST NO.695 OF 2017 BEFORE THE JFCM-I CHERTHALA. ANNEXURE II TRUE COPY OF THE DEPOSITION OF THE COMPLAINANT BEFORE THE LEARNED JFCM-1, CHERTHALA. ANNEXURE III TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 20-02-2018 IN CRL.M.C.NO.5352 OF 2017. APPENDIX OF Crl.MC 4128/2017 PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE COMPLAINT IN S.T NO 695 OF 2017 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,CHERTHALA APPENDIX OF Crl.MC 7667/2017 PETITIONER'S/S EXHIBITS: ANNEXURE A A CERTIFIED COPY PF THE PRIVATE COMPLAINT DATED 05.11.2016 FILED BY THE RESPONDENT NO. 1. APPENDIX OF Crl.MC 8901/2016 PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE COMPLAINT IN C.C.1840

OF 2016 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT III, NEYYATTINKARA DT. 31-10-2016. /True copy/ P.S to Judge

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