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2020 Supreme(Ker) 622

P.V.KUNHIKRISHNAN
Shinu Syamalan W/o Dr. Rahul K. K. – Appellant
Versus
State of Kerala, Rep. by the Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. C. Unnikrishnan, Sri. Johnson Gomez, Smt. Liya Elza Alex, Sri. Gajendra Singh Rajpurohit.
For the Respondent: Sri. Ajith Murali.

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

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