The above three Crl.M.Cs are filed by different accused in C.C.No.675/2007 pending before the Additional Chief Judicial Magistrate, Thiruvananthapuram. Crl.M.C.No.4159/2003 is preferred by the Ist accused in the above case and Crl.M.C.No.5631/2003 is preferred by the 3rd accused whereas Crl.M.C.No.755/2004 is filed by the 2nd accused in the same case. Since these Crl.M.Cs are arising out of the same case, all the petitioners are accused in the very same case and factual background and arguments are more or less same, these Crl.M.Cs are heard together and being disposed of by this common order.

2. As stated earlier, the petitioners herein are accused in C.C.No.675/2007 which is a case instituted upon a private complaint for the offence punishable under section 500 read with section 34 of I.P.C. The above private complaint is preferred by one G. Kamalamma who is the Ist respondent in these Crl.M.Cs. The allegations in the complaint can be summarized as follows: The Ist accused is the Chief Editor of the Malayalam Daily Newspaper `Desabhimani, Trivandrum, printed and published at Trivandrum. Accused No.2 is the Editor of the Trivandrum edition of the said newspaper and accused No.3 is the printer and publisher. One Miss Sudhi Chandran is the granddaughter of the complainant. She lost her parents in her infancy and there from she has been brought up by the complainant and her daughter Sujatha and her son in law, one K. Reghunath. According to the complainant, the said Sudhi Chandran is still living under the care and protection of the complainant. It is well known to the public at large that the complainant is the guardian of Sudhi Chandran. Sudhi Chandran has been undergoing treatment for mental illness for the last more than 7 years and she is an inpatient of the Government Mental hospital, Peroorkada. On 23-11-1999, Dr. S. Balaraman, Member, Human Rights Commission (Kerala State) visited the said Government hospital. This visit was given due coverage by the press which include reports and photographs from various newspapers and other media. On the 24-11-1999 issue of the said Malayalam Daily, Desabhimani, a news item was carried on its front page with a caption:

" " The news item ran which included "5 x 5" photograph of Sudhi Chandran and the alleged news item has been incorporated in the complaint which runs:

(Emphasis supplied)

A true translation of the text of the alleged defamatory article including the above passage which reads as follows:

"I am not having any illness. I have been brought by force. I am forced to stay here. I will live in whatever manner, if I am given a job". Many onlookers experienced tears, when 24 year old Sudhi Chandran broke down. This incident occurred in front of Dr. Balram, Member, Kerala State Human Rights Commission when he was on a visit to Mental Health Hospital, Trivandrum.

Sudhi was admitted in the hospital 2 weeks back. According to Sudhi, her grandmother brought her to the hospital by force. Sudhi belongs to Valavuncode, Trivandrum. Her father passed away when she was three years. Her mother married someone else. Thereafter, she was staying with her uncle, aunt and grandmother. Sudhi further stated that two weeks back her grandmother took her in the car on the pretext that a sacred ceremony of tying the thread by chanting verses for obtaining security was to be conducted. But instead she was brought to the Mental Health Hospital.

Sudhi further stated that she passed S.S.L.C. with distinction. Even though she joined the Pre-degree she could not write the examination. She has passed Typewriting (Lower). She also studied Lab Technician course. However, she has not written the exams of this course. Sudhi rang up her grandmother through a cell phone belonging to the correspondents who had come to report the visit by the Human Rights Commission Member. She told her grandmother "I am not having any illness. If I stay here further, I will get unwell. Come and take me away quickly".

The