Abhijith @ Ponnoos v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen Monday
Judgment Date: 2023-02-13
Court Decision / Holding: Anticipatory bail granted; the petitioner is allowed to be enlarged on bail on conditions: surrender within ten days; bond of Rs. 30,000 with two solvent sureties; cooperate with investigation; remain available for interrogation; refrain from intimidating witnesses or committing offences; if arrested, produced before the court on the date of arrest.
Final Disposition: Bail application allowed

Parties to the Case

Appellants / Petitioners

Abhijith @ Ponnoos

Respondents

State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• G. Ranju Mohan
• M. Santhi (K/868/2011)
• Arya S.

Counsels for Respondents

• Sri P G Manu, Special Public Prosecutor

Case Synopsis & Summary

An anticipatory bail application under Section 438 CrPC is heard by a Single Judge of the High Court of Kerala at Ernakulam in Bail Application No. 768 of 2023 arising from Crime No. 58 of 2023 registered at Kazhakuttam Police Station. Abhijith alias Ponnoos is accused of offences under IPC sections 294(b) (obscene acts), 341 (wrongful restraint), 332 (voluntarily causing hurt to deter a public servant from discharging duty) and 353 (assault or use of criminal force to deter a public servant from discharging duty). The prosecution contends that, at about 2:50 a.m. on 14 January 2023, the accused attempted to abduct a newborn from the CSI Mission Hospital, and when confronted by security and police, attacked the Sub-Inspector, tore his uniform and struck him with an IV stand, causing injuries to the officer. The petitioner claims the incident stemmed from a scuffle after hospital authorities allegedly refused access to his wife’s newborn; he asserts the police fabricated the allegations and that the dispute arose during a confrontation where he himself sustained injuries. He asks for anticipatory bail subject to conditions and asserts willingness to cooperate with the investigation. The learned judge perused the case diary and considered medical certificate evidence showing injuries to the petitioner. Noting the gravity of the allegations yet the possibility of fair investigation, the court grants bail on specified conditions to safeguard the investigation and prevent witness intimidation.

Provisions of Law Cited

Section 438 of the Code of Criminal Procedure (CrPC)IPC Section 294(b)IPC Section 341IPC Section 332IPC Section 353IPC Section 320

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel submits that the accused is innocent and explains the sequence of events: the petitioner travelled from Kollam to CSI Mission Hospital to see his newborn; hospital authorities allegedly denied access, leading to a scuffle during which the petitioner sustained injuries; the petitioner contends that the police assaulted him and that the complaint by the mother is a counterblast. He is ready to comply with any conditions and to cooperate with investigation, arguing that the prosecution’s case appears motivated by ulterior motives. Annexures A1–A4 are relied upon to corroborate injuries and the overall narrative.

Contentions of Respondents

The Public Prosecutor argues the allegations are serious, including attempted kidnapping of a newborn and assault on police personnel. He contends that release on bail could hinder fair investigation, risk witnesses, and prejudice the case. He notes the absence of materials suggesting the acts were incidental and asserts that the gravity of the offences justifies denial of anticipatory bail at this stage.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 13[TH] DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944** **BAIL APPL. NO. 768 OF 2023** **CRIME NO.58 OF 2023 OF KAZHAKUTTAM POLICE STATION** ## **PETITIONER/ACCUSED :** **ABHIJITH @ PONNOOS AGED 27 YEARS S.O BIJU, MUDUMBIL HOUSE, HOUSE NO.49/12, NEAR IRANUMMUTTOM HOMEO COLLEGE, CHIRAPPALAM, MANACAUD, THIRUVANANTHAPURAM, NOW RESIDING AT HOUSE NO.6/347, NEAR FARMERS BANK, AYIROOPPARA, POTHENCODE, THIRUVANANTHAPURAM, PIN - 695584** **BY ADVS. G.RANJU MOHAN M.SANTHI (K/868/2011) ARYA S.** ## **RESPONDENT/STATE :** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031** **BY SRI P G MANU, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.No.768 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.768 of 2023 -------------------------------------------------------Dated this the 13[th] day of February, 2023** ## **O R D E R** This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, by the sole accused in Crime No.58 of 2023 of Kazhakuttam Police Station where, the prosecution alleges commission of offences punishable under Sections 294(b), 341, 332 and 353 of the Indian Penal Code. 2. Heard the learned counsel for the petitioner and also the learned Public Prosecutor. 3. I have perused the case diary materials produced by the learned Public Prosecutor. B.A.No.768 of 2023 ..3.. 4. The specific allegation is that, at 2.50 hours on 14.01.2023, the accused herein made attempt to take away a new born baby from D11 delux room forms part of CSI Mission Hospital building. Noticing this occurrence, the security persons of CSI Mission Hospital informed the police. The further allegation is that, when the police party reached there, the accused herein caught hold on the uniform of the Sub Inspector and also beat on his face and head. There is allegation that because of this overt act, the Sub Inspector sustained injuries on his upper limb. The further allegation is that he tore the uniform of the Sub Inspector and also beat on his head by using an IV stand. On that premise, prosecution alleges commission of the above said offences. 5. While pursuing the relief of anticipatory bail, the learned counsel for the petitioner submitted that the B.A.No.768 of 2023 ..4.. petitioner is innocent. According to him, the petitioner's wife delivered a child at CSI Mission Hospital and the petitioner reached the hospital at 2 a.m., after travelling a long distance of Kollam District to see the child. Since the hospital authorities hesitated permission to see the child, they informed the police and there occurred a scuffle. Thereby, the petitioner sustained very serious injuries and the same could be born out from Annexue-A1 medical certificate as well as Annexure-A2 photograph of the petitioner. 6. According to the learned counsel for the petitioner, the police party manhandled the petitioner and for which, a complaint was launched by the mother of the petitioner. As a counterblast to the said complaint, the present crime was registered with ulterior motives. He also would submit that the petitioner is ready to abide by any B.A.No.768 of 2023 ..5.. conditions and he is ready to co-operate with the investigation as a pre- requisite for grant of anticipatory bail. 7. Although the learned Public Prosecutor supported the prosecution case in this matter, Annexue-A4 would go to show that the petitioner herein sustained injuries viz., laceration of 2x1x1 cm and 4x1x1cm back of head and multiple contusions of size 5x3 cm, 4x2 cm, 3x3 cm, 2x2 cm, 1x1 cm, 1.5x1 cm and redness involving upper, middle and lower back of the body. The photograph produced as Annexue-A2 would substantiate the injuries noted in the wound certificate of the petitioner. Although there is allegation by the prosecution that the petitioner herein assaulted the Sub Inspector of Police and two police men accompanied him, no medical records produced to show the injuries, if any, sustained by them and there is no B.A.No.768 of 2023 ..6.. offence included in the FIR flawing from Section 320 of IPC. 8. Having noticed the factual events as discussed herein, I am of the view that the petitioner can be enlarged on bail on conditions to facilitate proper and fair investigation. Accordingly, the bail application is allowed and the petitioner can be enlarged on bail on the following conditions: i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself. ii. On such production, the jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent B.A.No.768 of 2023 ..7.. sureties, each for the like sum to the satisfaction of the jurisdictional court. iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner. - v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. Sd/- ## **A.BADHARUDEEN, JUDGE** rkj B.A.No.768 of 2023 ..8.. ## **APPENDIX OF BAIL APPL. 768/2023** |**PETITIONER ANNEXURES**|**PETITIONER ANNEXURES**| |---|---| |**ANNEXURE A1**|**TRUE COPY OF THE TREATMENT CERTIFICATE**| ||**OF THE PETITIONER AT CSI MISSION**| ||**HOSPITAL DATED 10/01/2023**| |**ANNEXURE A2**|**TRUE COPY OF THE PHOTOGRAPH SHOWING THE**| ||**INJURY OF PETITIONER**| |**ANNEXURE A3**|**TRUE COPY OF THE COMPLAINT GIVEN TO THE**| ||**CHIEF MINISTER OF KERALA DATED**| ||**18/01/2023**| |**ANNEXURE A4**|**TRUE COPY OF THE MEDICAL CERTIFICATE OF**| ||**THE PETITIONER IN GOVT HEALTH CARE**| ||**HOSPITAL, THIRUVANANTHAPURAM DATED**| ||**23/01/2020**| |**ANNEXURE A5**|**TRUE COPY OF THE RECEIPT OF THE**| ||**COMPLAINT AT COMMISSIONER OFFICE DATED**| ||**17/01/2023**|