IMPORTANT POINT
There is great responsibility to every journalists. Press is the backbone of democracy. Journalism is not for propagating hearsay news. What to publish and what not to publish are to be decided sensibly. The duty of journalists is to tell the truth.

ORDER :

1. This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

2. The petitioners are the accused in Crime No. 161 of 2020 of Vadanapally Police Station, Thrissur District. The above case is registered alleging offences punishable under Section 505(1) (b) of the Indian Penal Code (IPC) and Section 120(o) of the Kerala Police Act.

3. Section 505(1)(b) IPC says that, whoever makes, publishes or circulates any statement, rumour or report with intent to cause, or which is likely to cause fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility. The maximum punishment that can be imposed under Section 505(1) (b) IPC is three years.

4. The prosecution case is that, the 1st petitioner is a doctor. The 2nd petitioner is the Managing Director of Flowers T.V. and 24 News Channel. On 9.3.2020 a news was telecasted in the news channel 24 x 7 in which second accused is an anchor. The show is known as “Sreekantan Nair Show.” The allegation is that, in the programme, the petitioners tried to publish or circulate rumours or report about the Covid-19 pandemic. On 9.3.2020 at 6 p.m. a patient named Muneer came to Rosh Clinic, Thaikulam with severe fever where the 1st petitioner was working. She informed the matter to the health authorities. The Health Department conducted an enquiry about the patient immediately and realized that the said patient is not affected with the Corona Virus. The health authorities informed the matter to the 1st petitioner. The 1st petitioner hiding the condition of the patient gave false information to create panic among the people and to make a feeling in the people about an alleged failure in public safety. Hence, a complaint was filed by the District Medical Officer to the District Collector, Thrissur. The District Collector forwarded the complaint to the Station House Officer, Vadanapally Police Station. Accordingly, the present case is registered. The District Medical Officer stated in his complaint that, for mere publicity, the petitioners insulted him and his department. According to the District Medical Officer, the entire statements in the programme are incorrect and the first partitioner who is a doctor participated in the discussion without any responsibility.

5. Heard the learned counsel for the petitioners and the learned public prosecutor.

6. The learned counsel for the petitioners submitted that, even though the entire allegations alleged against the petitioners are accepted, no criminal offence is made out in this case. The counsel submitted that, the 2nd petitioner was trying to make awareness about the Covid-19 situation and hence telecasted such a programme.

7. The learned public prosecutor seriously opposed the bail application. The public prosecutor submitted that, this is a serious matter in which the petitioners were trying to mislead the people by telecasting a programme in which wrong information are supplied about the Covid-19 pandemic.

8. The first petitioner is a doctor. The 2nd petitioner is a Senior Journalist working in the State of Kerala for the last several years. It is a fact that, the Covid-19 pandemic is facing the country and the officers of the Health Department are working day and night. The work of the Health Department is to be appreciated. There may be some mistakes committed by the officers of the Health Department while facing such a situation. The 2nd petitioner cannot pinpoint such single mistakes and conduct a programme in the channel. This will give a wrong signal to the society. Everybody are human beings. When a pandemic like Covid-19 is spreading everyday, the Health Department is doing their level best. Pointing out a single incident and making discussion about that in a channel cannot be appreciated. That will only affect the morale of the health workers. This is not journalism.

9. The father of our Nation Mah