Kerala High Court
Habeeb Rahman P.P vs State Of Kerala on 5 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.8913 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 8913 OF 2025
CRIME NO.289/2024 OF Thirunelly Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED 01.07.2025 IN Bail Appl.
NO.7751 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
HABEEB RAHMAN P.P., AGED 46 YEARS
S/O ABOOBACKERKUTTY MUSLIYAR,
PUTHEN PEEDIYEKKAL HOUSE, VALIYAPARAMBA P.O,
KIZHAKOTHU VILLAGE, THAMARASSERY TALUK,
KOZHIKODE DISTRICT,, PIN - 673572
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
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2 THE STATION HOUSE OFFICER
THIRUNELLI POLICE STATION, THIRUNELLI P.O,
WAYANAD DISTRICT, PIN - 670646
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
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B.A.No.8913 of 2025
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Dated this the 5th day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in Crime No.289 of 2024 of Thirunelli Police Station, Wayanad, registered for the offences punishable under Sections 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'].
3. According to the prosecution, on 04.07.2024 at about 7.50 a.m., accused were found in possession of 148.5 grams of MDMA, while travelling in a car bearing registration No.KL-57T- 2000 and thereby committed the offences alleged. Petitioner was arrested on 04.07.2024 and he has been in custody since then.
4. Heard Adv.P.Mohamed Sabah, the learned Counsel for the petitioner as well as Sri.Prasanth M.P., the learned Public Prosecutor.
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5. The learned counsel for the petitioner submitted that the petitioner has been in custody from 04.07.2024. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.
6. The learned Public Prosecutor opposed the bail application and submitted that the grounds for arrest were communicated to the petitioner at the time of his arrest. It was also submitted that since the contraband seized from the petitioner was a commercial quantity, the rigour under Section 37 of NDPS Act will apply and hence petitioner ought not to be released on bail.
7. Though prima facie there are materials on record to connect the petitioner with the crime, since petitioner has raised the question of absence of communication of the grounds for his arrest, this Court is obliged to consider the said issue.
8. In the decisions in Pankaj Bansal v. Union of India and Others, [(2024) 7 SCC 576], Prabir Purkayastha v. State (NCT of Delhi) [(2024) 8 SCC 254] and Vihaan Kumar v. State of Haryana [AIR 2025 SC 1388], it has been held that the B.A.No.8913 of 2025 5 2025:KER:58203 requirement of informing a person of grounds for arrest is a mandatory requirement of Article 22(1) and also that the said information must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts constituting the grounds must be communicated to the arrested person effectively in the language which he understands.
9. In a recent decision in Shahina v. State of Kerala [2025 KHC Online 706], this Court has also considered the impact of the aforesaid principles in relation to offences alleged under the NDPS Act and held that the grounds for arrest must be communicated.
10. On a perusal of the case diary it is noticed that the arrest memo contains the grounds for arrest, while no arrest intimation was given to any of the petitioner's relatives. In view of the failure to provide intimation of arrest or the grounds for arrest to the relatives of the petitioner, I am satisfied that petitioner has not been communicated with the grounds for arrest. In such circumstances, petitioner's arrest is vitiated.
11. Petitioner has been in custody from 04.07.2024 B.A.No.8913 of 2025 6 2025:KER:58203 onwards. Since the grounds for arrest were not communicated to the petitioner soon after the arrest, petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court.
In case of violation of any of the above conditions or if any B.A.No.8913 of 2025 7 2025:KER:58203 modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE sp/05/08/2025 B.A.No.8913 of 2025 8 2025:KER:58203 APPENDIX OF BAIL APPL. 8913/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 289/2024 OF THIRUNELLI POLICE STATION, WAYANAD DISTRICT Annexure 2 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO. 289/2024 OF THIRUNELLI POLICE STATION, WAYANAD DISTRICT Annexure 5 TRUE COPY OF THE ORDER DATED 11.12.2024 IN B.A NO. 8790/2024 PASSED BY THIS HON'BLE COURT