K.R. Udayabhanu, J.

1. The revision petitioner / accused in SC No. 413/2006 in the file of the Additional Sessions Judge, Thodupuzha has sought for setting aside the order of the Court below dismissing his application filed under S.227 CrPC seeking discharge and has sought for a total discharge with respect to the proceedings that originated from a private complaint. The petitioner right now is a Member of Parliament elected to the Council of States (Rajya Sabha) and earlier he had represented five times the Mavelikkara Constituency and once the Idukki Constituency in the House of People (Lok Sabha). He was also Minister of State for Industries in the Union Council of Ministers and also Minister of State for Non Conventional Energy, in the Union Government in 1996. It is stated that attempts were made entirely due to political animosity to implicate him in a much publicised serial rape case (hereinafter to be referred as Suryanelli case) at the time when he was Minister of State for Industries in the Central Government. While the Suryanelli case was in full media glare, on 30/03/1996, a news item appeared prominently in the front page of the vernacular daily Deshabhimani which is the official organ of Communist Party of India (Marxist) with the headline - In rape case, Minister Kurian also involved. The petitioner immediately addressed a letter to Shri. V. Satharkunju, Director General of Police, State of Kerala to conduct an immediate enquiry into the allegations and also wrote to Professor Sugathakumari, Chairperson of Kerala State Commission for Women requesting her to conduct a detailed probe. On 3rd April 1996, he caused a lawyer notice to be sent to the alleged rape victim, her father, Chief Editor, Printer and Publisher of Deshabhimani daily, seeking an apology from them for the defamatory news item and intimating them of his intention to file a suit for damages, if apology is not tendered. The petitioner came to know that on 28/03/1996 a complaint has been made to the Chief Minister of Kerala alleging that the petitioner committed rape on her and that she had identified him. The complainant had alleged that so many persons had ravished her during the period between 15/02/1996 and 22/02/1996 at the Kumili Panchayat Rest House and the petitioner is one among them. On the orders of the Chief Minister, the Special Investigation Team headed by K. Ittoop, Superintendent of Police, CBCID, Thiruvananthapuram investigated the allegation with respect to the petitioner and submitted a report to Mr. Rajeevan, Deputy Inspector General of Police, Crime Investigation that the petitioner is not involved in the affair at all and that it was humanly impossible for him to reach Kumili at the time mentioned in the compliant on 19/02/1996 as the petitioner was at that time in Thiruvalla in the house of one Sri. P. K. Idiculla, Punnattussery House, Kattukara Road, Tiruvalla till 8 p.m. Sri. Idiculla had affirmed the above fact. 27 telephone calls were made from telephone No. 630324 of Sri. Idiculla during the particular day and out of which 23 calls were made by the petitioner in his capacity as Minister between 15.22 hours and 216.49 hours. Most of the calls were made to important persons in Delhi. Sri. K. S. Rajan, District Vice President of the Bharatiya Janata Party, Alappuzha District and Sri Charli Abraham, President of Service Cooperative Bank and Sri. Kuruvilla Jacob, L.D.F. leader had met the petitioner at the house of Sri Idiculla on the particular day at 7 p.m. The above Rajan had issued a press statement as to the above fact which has been published in Malayala Manorama daily dated 08/04/1996. From the house of Sri. Idiculla, the petitioner had proceeded to N.S.S. Headquarters at Perunna in the State car to meet the N.S.S. Assistant Secretary Sri. Sukumaran Nair. The petitioner was with Mr. Sukumaran Nair till 8.30 p.m. From Perunna, the petitioner had gone back to his residence at Thiruvalla from where at 10.25 p.m. he had