Kerala High Court
Arjun.O vs State Of Kerala on 8 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:59553
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. 9146 OF 2025
CRIME NO.484/2024 OF KUNNAMANGALAM POLICE STATION,
KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 09.12.2024 IN BAIL APPL.
NO.8511 OF 2024 OF HIGH COURT OF KERALA.
PETITIONER/ACCUSED NO.3
ARJUN.O,
AGED 24 YEARS,
S/O SATHYAPRAKASHAN, ODUKKATHIL HOUSE, SURABHI,
OLAVANNA, KOZHIKODE,
PIN - 673 019.
BY ADV SMT.VIJAYAKUMARI.R
RESPONDENT/COMPLAINANT
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682 031.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:59553
B.A No.9146 of 2025
2
BECHU KURIAN THOMAS, J.
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Bail Appl. No.9146 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 third accused in Crime No.484 of 2024 of Kunnamangalam Police Station, Kozhikode, registered for the offences punishable under section 22(c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution, on 26.06.2024, accused was found in possession and transporting 141.88 grams of MDMA and thereby committed the offences alleged.
4. The learned counsel for the petitioner submitted that the petitioner has been in custody since 26.06.2024. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.
5. The learned Public Prosecutor opposed the bail application and submitted that the grounds for arrest were 2025:KER:59553 B.A No.9146 of 2025 3 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.
6. 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.
7. 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 [2025 SCC Online SC 269], it has been held that the requirement of informing a person of grounds of 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.
8. 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 2025:KER:59553 B.A No.9146 of 2025 4 NDPS Act and held that the grounds for arrest must be communicated.
9. On a perusal of the arrest memo, it is noticed that there is no reference to any grounds for arrest. Even in the arrest intimation except for observation in the remand report that the relative of the petitioner has been informed by phone there is no reference to the grounds for petitioner's arrest. Considering the aforesaid circumstances, I am satisfied the grounds for arrest had not been communicated to the petitioner as contemplated by law.
10. Petitioner has been in custody from 26.06.2024 onwards. Since the grounds for arrest was not communicated to the petitioner as 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 2025:KER:59553 B.A No.9146 of 2025 5 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 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 ADS 2025:KER:59553 B.A No.9146 of 2025 6 APPENDIX OF BAIL APPL. 9146/2025 PETITIONER ANNEXURES ANNEXURE-A1 TRUE COPY OF THE FIR DATED 26/06/2024 IN CRIME NO. 484 OF 2024 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE.
ANNEXURE-A2 TRUE COPY OF THE ORDER DATED 09/12/2024 IN B.A.NO.8511/2024 ISSUED BY THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.
ANNEXURE-A3 TRUE COPY OF THE FINAL REPORT DATED 19/12/2024 FILED BY THE RESPONDENT BEFORE THE SPECIAL COURT FOR NDPS ACT CASES &ADDL.DISTRICT & SESSIONS COURT, VATAKARA IN CR.NO.484 OF 2024 OF KUNNAMANGALAM POLICE STATION.
ANNEXURE-A4 TRUE COPY OF THE SEIZURE MAHAZAR IN CR.NO.484 OF 2024 OF KUNNAMANGALAM POLICE STATION.
ANNEXURE-A5 TRUE COPY OF THE ORDER(COMMON ORDER) ISSUED BY THIS HON'BLE COURT IN B.A.NO.6996 OF 2025 DATED 04/07/2025.