T.P.NANDAKUMAR S/O K.DAMODARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No. 44 of 2021 of Cyber Crime Police Station, Thiruvananthapuram registered for the offences punishable under Ss. 153, 505(1)(b) and 34 of Indian Penal Code, Sec. 3(5) of the Kerala Epidemic Disease Corona Virus disease (Covid-19) Regulations, 2020 and Sec. 5 of the Kerala Epidemic Diseases Ordinance, 2021 (Ordinance No.22 of 2021), the petitioners have preferred this application under Sec. 438 of the Code of Criminal Procedure.

(2.) The present FIR is one arising out of a news item published in an online channel. Prosecution allegation is that the petitioners with the intention to tarnish the preventive measures adopted by the Government of Kerala in connection with Covid-19 and to create a panic situation among the public, published a fake video through the online channel namely www.crimeonline.in owned by the 1st petitioner. He published a fake news that covid affected patients are being killed in Government Medical colleges. In, Pariyaram Medical College, Kannur, hospital authorities were not admitting patients as there was acute shortage of staff and scarcity of oxygen cylinders. The news was published on 5/6/2021 with photos of the staffs and photograph of the building of Pariyaram Medical college, fully knowing that it is a fake one and thereby committed the aforesaid offences.

(3.) The learned counsel for the petitioners submit that the 1st petitioner is a journalist and the Chief Editor of the investigative Malayalam fortnightly and English Magazine ,namely,Crime and YouTube channel, Crime Online and the 2nd petitioner is his staff. The 1st petitioner received certain reliable information regarding the treatments in Government Hospital in connection with Covid -19 and so he immediately in good faith submitted a complaint supported with documents before the Chief Minister of Kerala. He received a reply from the office of the Chief Minister that the complaint was forwarded to the Principal Secretary, Health and Family Welfare Department for appropriate action. So, he published the news item. While publishing such a news, his intention was to alert the Government. Such news item was published in other medias also. The petitioners have not committed any offence as alleged by the prosecution. Still, they apprehend arrest and hence this application.