SHANIF K. AND OTHER Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN

JUDGEMENT

(1.) The applicants herein are the accused Nos.1 and 2 in Crime No.656 of 2018 registered at the Mannarkkad Police Station under Sections 143, 147, 148 and 427 r/w Section 149 of the IPC and Section 3(2) of the Prevention of Damages to Public Property Act, 1984.

(2.) The applicants were arrested in connection with the aforesaid crime on 6.10.2018 and they remain in custody. They seek regular bail.

(3.) The prosecution records reveal that disciplinary action was initiated by the Principal of the MES College, Kalladi, Mannarkkad against certain students for indulging in ragging and for collecting money without receipts. This was questioned by a group of students owing allegiance to a particular students organisation. The Principal, however, did not budge to their strong arm tactics. Instead of pursuing their grievance in a legal manner, the accused Nos.1 to 5 formed an unlawful assembly and in prosecution of their common object, trespassed into the college premises and went on a rampage at noon on 28.09.2018. They destroyed glass panes of about 75 windows and brought down the notice boards installed in the college campus. The Public Address microphone and equipments, two computer monitors, two desktop computes, LED display boards and a modem were destroyed. They then targeted their attention to two cars which were parked inside the college, one of which was of the college Principal. After causing wanton destruction, they left the campus. The Principal of the college gave a statement to the Station House Officer of the Mannarkkad Police Station, who registered the crime. In his statement, the informant also stated that the college had approached this Court by filing Writ Petition seeking Police Protection and the applicants herein were arrayed as the party respondents in the Writ Petition. There was an order directing the applicants not to enter the college campus or to cause any interference in the academic activities. It was by violating the directions of this Court that they had entered the college campus and unleashed mayhem.