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2012 Supreme(Ker) 471

S.S.SATHEESACHANDRAN
M. M. Mani – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:M.K. Damodaran, Senior Advocate, Sojan Micheal, Gilbert George Correya, Smt O.V. Bindu, P.S. Nishil, J. Vimal, Advocates.
For the Respondent: Asaf Ali, Director General of Prosecution.

Judgment:

Common petitioner in the above three petitions, all of them filed under Section 482 of the Code of Criminal Procedure {for short "the Code"}, is the District Secretary of a recognised political party viz., Communist Party of India (Marxist) {for short "CPI(M)}. A speech delivered by the petitioner in a public meeting organised by the aforesaid party at Manacaud, Thodupuzha on 25.5.2012 has led to the registration of Crime No.1196/12 for offences punishable under Sections 302, 109 and 118 of the Indian Penal Code against him. A copy of the video CD of his speech was received by the police and, after viewing it, the above crime was suo motu registered by the Sub Inspector of Police, Thodupuzha. Viewing of the CD disclosed that the petitioner in his speech had divulged information of his complicity in the commission of a series of murders of political activists which had taken place in the district from 1982 onwards, is the basis for the registration of the crime.

2. Annexure I in Crl.M.C.No.2081/12 is a copy of the FIR registered in the above crime. The aforesaid Crl. M.C has been filed by the petitioner to quash Annexure A1 FIR under Section 482 of the Code.

3. Pursuant to



































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