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2025 Supreme(Ker) 1447

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
V.B. Unnithan S/o Late Vasukurup – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : T.A. Unnikrishnan, K.K. Akhil, Anusha P. Sivanandan, Arjun Varma, T. Sreelakshmi Unnikrishnan
For the Respondents: P. Vijayakumar, K.P. Satheesan, S. Rajeev, V. Vina, K.K. Dheerendrakrishnan, D. Feroze, K. Anand, N.N. Girija, Sreelal Warriar

ORDER :

1. The order dated 24.04.2019 in Crl. M.P. No. 56/2018 in S.C. No. 1357/2013 on the files of the Court of the Special Judge (SPE/CBI), Thiruvananthapuram, is under challenge in these revisions. By the aforesaid order, the learned Special Judge had discharged the fifth accused in the said case under Section 227 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’). Crl. R.P. No. 933/2019 is filed by the de facto complainant, and Crl. R.P. No. 476/2021 by the investigating agency (CBI). Crl. R.P. No. 505/2021 is filed by a third party who claims to be a senior journalist residing at Kollam.

2. The facts of the case, in conspectus, are as follows:

The fourth and fifth accused in S.C.No.1357/2013 are Police Officers of Kerala Police of the rank Dy.SPs, under suspension. One Mr V. Babu Unnithan, staff reporter of Mathrubhumi Daily, Kollam, was a thorn in the eye of some Police Officers since he used to expose their nefarious activities. He had published news on 12.09.2008 regarding the encroachment of lake by Police Officials, including the fourth accused Dy.SP. Santhosh Nair, who was Circle Inspector during that time. On 13.10.2009, the de facto complainant published another

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