YADHU KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 'It is a malady in our country that political parties allure young students through their student wings. They do so because it is an easy method for enlisting support and participation of student population in their political programmes. Students, particularly in the adolescent age, are easily swayable by political parties without much effort or cost as young and tender minds are susceptible to easy persuasiveness by party leaders. Tender minds get galvanised on minor issues, frenzy flares up even on trivialities, young children and adolescents unaware of the disastrous consequences befalling their own future indulge in vandalism, mayhem and killing spree against their own fellow students. We think that the time is now ripe for legislative interference to salvage the campus free of political activities. We leave it to the members of legislatures and leaders of the country to ponder over this with the seriousness it deserves and to bring forth necessary measures to plug it" : observed the Hon'ble Supreme Court in Harpal Singh v. Devinder Singh [(1997) 6 SCC 660].

(2.) On December, 11th 2023, the convoy of the Governor of Kerala was impeded in Palayam, Thiruvananthapuram, by the accused 1 to 7 and 10 identifiable persons owing allegiance to a political party, in prosecution of their common object, by forming themselves into an unlawful assembly and disobeying the orders of the police, detained the Governor of Kerala and shouted slogans at him, waved black flags and damaged his vehicle incurring a loss of Rs.76,357.00 to the public exchequer. Thus, the accused have committed the offences punishable under Ss. 124, 143, 147, 149, 283, 353 of the Indian Penal Code, and Sec. 3 (2) (e) of the Prevention of Damages to Public Property Act is the gist of the prosecution case in Crime No.1338 of 2023 of the Cantonment Police Station, Thiruvananthapuram City. The petitioners in these bail applications are the accused, 1 to 7, who were arrested from the scene of occurrence. They have been in judicial custody since 11/12/2023.

(3.) Heard; Sri. K.K.Dheerendrakrishnan and Sri.Nandagopal S.Kurup, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, Smt. Neema T.V and Smt.Seetha.S, the learned Public Prosecutors.