The Kerala High Court in the case Visakh A. v. State of Kerala observed and has stayed the arrest of the Student Federation of India, SFI who being the leader of Visakh A in the case related to the elections conducted at Christian College, Kattakkada, until June 20, 2023.
However, the present case pertains to the alleged impersonation, falsification of documents and misrepresentation during the college elections held in May 2023.
The bench headed by Justice Bechu Kurian Thomas, while considering the anticipatory bail application stated that the allegations made in the case are serious and the court directed the Prosecutor to produce the case diary.
Therefore, the Principal of the College, who has been named as the first accused person who is alleged to have committed certain malpractices during the conduct of the college elections.
The petitioner, who being a 20-year-old B.Sc. Physics student, averred that he has been arrayed as the 2nd accused in the case by the police without conducting proper enquiry. Therefore, it has been submitted by him that there were no elections conducted in the college, since the five candidates were selected unanimously, de hors their political affinity and he also stated that when one of the candidates became medically dispossessed, she voluntarily resigned and since no elections were held in the college, the Principal of the College forwarded his name as one of the representatives.
The petition stated that the non-bailable offences of Section 409, the criminal breach of trust by public servant, or banker, merchant, or agent, section 420, Cheating and dishonestly inducing delivery of property and section 468, the Forgery for purposes of cheating has been solely incorporated to vex and harass the petitioner in the above crime and in the case they are not being attracted against the petitioner in the facts and circumstances of the case.
Adding to it, the petitioner in the plea also submitted that he is ready to cooperate with the investigation and added that since he is only a student, his incarceration in the false vexatious case would mar his chances of a bright future.
Accordingly, the court listed the matter for further consideration to be next heard on June 20, 2023.