P.K. SHAJEE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.149 of 2018 of the Railway Police Station, Kottayam District, registered for the offences punishable under Sections 332, 341 and 294(b) IPC. This application is moved under Section 438 Cr.P.C.

(2.) The allegation of the prosecution was that on 29.8.2018 while the petitioner was travelling from Changanassery to Thiruvalla in Madras Mail, the de facto complainant who is the TTE of the said train conducted inspection at 9 a.m. The petitioner was found to have travelled in the train without any ticket. Therefore he was fined. When the train reached at Thiruvalla, the accused deterred the TTE from doing his official duty by using criminal force and causing injury to him. Raising the allegations as aforesaid, FIS was lodged by the TTE before the Railway police and that lead to the registration of the Crime. Out of his apprehension that he would be arrested in the Crime, this application is moved.

(3.) According to the learned counsel for the petitioner, there is absolutely no basis to raise allegations of the nature against the petitioner. According to him, the entire allegations raised in the FIS to get the Crime registered are false ones. It is contended by the learned counsel that the petitioner is the Manager in charge of three Stations, viz.,Chingavanom, Changanassery and Thiruvalla. He happened to travel in the train to transport materials and disburse the same in flood affected areas of Pathanamthitta as part of the flood relief programme. The contention of the learned counsel was that the petitioner had a free pass to travel in the train and he failed to take the same from his car while hurrying to board the train. According to him, the petitioner was prepared to pay the fine amount of Rs.1370/-, which was imposed by the de facto complainant. But except Rs.900/- no other money was with him. Accordingly, he arranged to obtain money from Thiruvalla. At the time when he rose up from the seat to see whether the staff has arrived at with the money, he was restrained and assaulted by the defacto complainant. To counterblast the liability likely to arise therefrom, the crime was registered raising false allegations. According to him, the release of the petitioner on pre arrest bail is totally justified.