ABIL K.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.536 of 2016 of the Railway Police Station, Shornur registered under Sections 353 and 354 of the Indian Penal Code, and under Section 119(b) of the Kerala Police Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate's Court-I, Ottapalam on 29.11.2016. The petitioner has been in judicial custody since 26.11.2016.

(2.) The complainant in this case is a woman TTE of the Southern Railway. The prosecution case is that when she asked the petitioner to show his season ticket, the petitioner got violent, pushed her back, and thus obstructed discharge of duty.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.