In this Revision filed under Sec. 397 read with Sec.401 Cr.P.C. the revision petitioner (T.P. Nandakumar) who is the first accused in C.C.27 of 2006 on the file of J.F.C.M – V, Thiruvananthapuram challenges the order dated 16-7-2007 passed by the learned Magistrate rejecting the revision petitioner’s application (C.M.P. 6887/06) for discharge under Section 239 Cr.P.C.

2. The revision petitioner is the Chief Editor of a bi-weekly called “Crime” published from Kozhikode. On 28-6-1999 Smt. Sobhana George who was then an opposition M.L.A.,. submitted a written complaint before Sri. E.K. Nayanar, the then Chief Minister of Kerala. The substance of the said complaint is as follows:

At about 9 a.m. on 26-5-1999 two strangers came to her rented house at Angadikkal in Chengannoor. One of them introduced himself as Santhosh Thampan and told her that he is the reporter and his companion is the photographer of an evening daily, which was being launched. They sought her permission to interview her in connection with late. Smt. K.R. Saraswathi Amma, an eminent social worker who had twice represented Chengannur Constituency in the Kerala Legislative Assembly. That day was the cremation day of late Saraswathi Amma. The two visitors then conducted an interview of the complainant. The photographer took certain photographs of the complainant and her residential house. While leaving her house the aforesaid persons told he that their Chief Editor T.P. Nandakumar would call her that night. They also took her phone number and mobile phone number. At about 10 p.m. that day the first accused T.P. Nandakumar introducing himself to be the chief editor of Crime bi-weekly called her over the phone. He told her that reporter Santhosh Thampan and the photographer of the Crime Weekly were the persons who had visited the complainant in the morning and that he was calling the complainant in connection with their visit. She told him that the visitors had not revealed to her that they are coming from Crime Weekly and she narrated to him what the visitors had told her. Nandakumar then told her that Crime bi-weekly was facing acute financial crisis and the complainant should urgently give him Rs. 5 lakhs. She told him that she was not in a position to give the money. Thereupon Nandakumar told her that he was having in his possession certain details and photographs pertaining to the complainant and that he may be constrained to publish them. When the complainant asked him whether he was blackmailing her, he told her that he would give her two days’ time to think over and disconnected the phone. After 10.30 p.m. on 29-5-1999, Nandakumar again called her over the phone and told her that he had obtained more particulars about her and that if she was disinclined to give him Rs. 5 lakhs, herself, her husband and daughter would find it difficult to walk along the streets. He also threatened her that it would create difficulties to many of her superiors. He added that he would supply ten thousand free copies of Crime weekly in that area rendering it impossible for her to face her voters and she will have to bid farewell to her political career. So saying he disconnected the phone. Thereafter at 7 a.m. on 5-6-1999 Nandakumar again called her over the phone and told her that the Assembly Session was about to begin and he had already printed certain bad details pertaining to her and that publication of the same could be averted by her if she was willing to pay the money demanded by him. She once again told him that she could not give the money demanded by him and that she would be constrained to approach the court. To this, Nandakumar replied that personalities like Mohanlal, Sasi, the political Secretary of the Chief Minister, Prabha Varma, M.A. Baby, Sukumar Azheekode, Vellapplly etc. Were in no way inferior to her and that she would learn only from experience. He then disconnected the phone. In the morning of 25-6-1999 Nandakumar again called her over the phone