M GOVINDANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have been charge sheeted for the contravention of the provisions contained in R.41(1)(c) of the Defence of India Rules, 1962, an offence punishable under R.41(5) of the Rules.

(2.) The first petitioner is the Printer and Publisher of a local vernacular daily by name 'Desabhimani' and the second petitioner Is the maker of the offending article. It is said to be a translation of an article under the caption "War Drums Beat" written by one C. N. Achary in the English Weekly "Mainstream" published from New Delhi.

(3.) The petitioners, who are on remand, applied for bail but the application was rejected by the District Magistrate. The Sessions Judge agreed with the District Magistrate when a similar application was made to him. The petitioners have now applied to this court in the exercise of its revisional powers to set aside the order of the courts below and to grant them bail.