Kerala High Court
Nissar vs State Of Kerala on 8 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9056 OF 2025
1
2025:KER:59448
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
BAIL APPL. NO. 9056 OF 2025
CRIME NO.1168/2024 OF KONDOTTY POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 20.05.2025 IN Bail Appl.
NO.5918 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2(IN CUSTODY FROM 25.08.2024):
NISSAR, AGED 44 YEARS
S/O. ABDUL KARIM, PALLIPARAMBAN HOUSE,
CHEMMALAPARAMB, NEAR EMEA HSS KONDOTTY,
THURAKKAL, MALAPPURAM DISTRICT- 673 638.
BY ADVS. SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
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
2 THE STATION HOUSE OFFICER
KONDOTTY POLICE STATION, KONDOTTY,
KONDOTTY P.O, MALAPPURAM DISTRICT,
PIN - 673638
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9056 OF 2025
2
2025:KER:59448
BECHU KURIAN THOMAS, J.
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B.A. No.9056 of 2025
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Dated this the 8th 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 second accused in Crime No.1168/2024 of Kondotty Police Station, Malappuram; registered for the offences punishable under Sections 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS).
3. The prosecution case is that, on 24.08.2024 the first accused was found in possession of 50.450 grams of MDMA and on further investigation, police arrested the petitioner herein finding that he is also involved in the commission of offence and thereby the accused together committed the offences alleged. The petitioner was arrested on 24.08.2024 and he has been in custody since then.
4. Heard Sri.P.Mohamed Sabah, the learned counsel for the petitioner, as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 24.08.2024. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the BAIL APPL. NO. 9056 OF 2025 3 2025:KER:59448 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 and Another [2025 SCC Online SC 269], it has been held that the 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 vs. State of Kerala [2025 KHC OnLine 706] this Court has also considered the impact of the aforesaid principles BAIL APPL. NO. 9056 OF 2025 4 2025:KER:59448 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 only the provisions of law under which the petitioner has been arrested. No grounds for arrest have been mentioned. Further, there is no arrest intimation given to any of the petitioner's relatives; however, there is an observation in the remand report that the arrest of the petitioner was intimated to the petitioner's relatives.
11. Petitioner has been in custody from 24.08.2024 onwards. Having regard to the above circumstances, I am satisfied that the grounds for arrest have not been communicated to the petitioner as required by law.
12. Accordingly, 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 country without the permission of the jurisdictional Court.
BAIL APPL. NO. 9056 OF 2025 5 2025:KER:59448 In case of violation of any of the above conditions or if any 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 AMV/08/08/2025 BAIL APPL. NO. 9056 OF 2025 6 2025:KER:59448 APPENDIX OF BAIL APPL. 9056/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1168 OF 2024 OF KONDOTTY POLICE STATION, MALAPPURAM DISTRICT.
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 20.05.2025 IN BAIL APPL.5918/2025 ON HIGH COURT.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 10.01.2025 IN BAIL APPL.11251/2024 ON HIGH COURT.
ANNEXURE 4 TRUE COPY OF THE ORDER DATED 03.12.2024 IN BAIL APPL.9279/2024 ON HIGH COURT.