Kerala High Court
Shibu @ Karoorkkadavu Shibu vs State Of Kerala on 8 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.9018 of 2025 1
2025:KER:59436
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. 9018 OF 2025
CRIME NO.973/2024 OF Punalur Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.710 OF 2025 OF
DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE
AUTHORITY, KOLLAM
PETITIONER/6TH ACCUSED:
SHIBU @ KAROORKKADAVU SHIBU, AGED 41 YEARS
D/O LATHEEF, KAVVIL (MARIYATHKIZHAKKETHIL VEEDU),
TRANSFORMER JUNCTION, KAROORKKADAVU, MYNAGAPPALLY,
KOLLAM, PIN - 690519
BY ADVS.
SRI.C.R.JAYAKUMAR
SRI.NOBEL RAJU
SMT.SANDRA SREEKUMAR
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
B.A.No.9018 of 2025 2
2025:KER:59436
2 THE STATION HOUSE OFFICER,
PUNALUR POLICE STATION, PUNALUR PO,
KOLLAM, PIN - 691305
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:
B.A.No.9018 of 2025 3
2025:KER:59436
BECHU KURIAN THOMAS, J.
......................................................
B.A.No.9018 of 2025
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Dated this the 8th day of August, 2025
ORDER
This is an application for regular bail filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioner is the 6th accused in Crime No.973/2024 of Punaloor Police Station, Kollam. The crime has been registered alleging offences punishable under Sections 20(b)(ii)(C) 29, 25, 8A(C) r/w Section 8(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS' Act') and Sections 111(2)(b)(4), 238(b) of Bharathiya Nagarik Suraksha Sanhitha, 2023.
3. According to the prosecution, on 11.07.2024, the accused 1 and 2 were found to be in possession of 30.370 Kgs. of ganja and the involvement of remaining accused was revealed on questioning them. The petitioner was arrested on 13.03.2025 and he has been in custody since then.
4. Heard Sri.C.R.Jayakumar, the learned Counsel for the B.A.No.9018 of 2025 4 2025:KER:59436 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 from 13.03.2025. 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.9018 of 2025 5 2025:KER:59436 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, though the arrest memo issued to the petitioner contains his signature, there is no reference to any specific grounds for his arrest other than a mere mention that petitioner has been arrested for violating the provisions of the NDPS Act. Similarly, in the arrest intimation given to the petitioner's wife also, there is no reference to the grounds for his arrest. In view of the failure to provide any intimation of the grounds for arrest to the relatives of the B.A.No.9018 of 2025 6 2025:KER:59436 petitioner, I am satisfied that there has been a failure to communicate the grounds for arrest. In such circumstances, petitioner's arrest is vitiated.
11. Petitioner has been in custody from 13.03.2025 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 B.A.No.9018 of 2025 7 2025:KER:59436 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 sp/08/08/2025 B.A.No.9018 of 2025 8 2025:KER:59436 APPENDIX OF BAIL APPL. 9018/2025 PETITIONER ANNEXURES Annxure-1 THE TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 973/2024 OF PUNALUR POLICE STATION DATED 30.03.2025 Annxure-2 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN BA NO. 6627/2025 DATED 26.05.2025 Annxure-3 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN BA NO. 8338/2025 DATED 18.07.2025 Annxure-4 THE TRUE COPY OF THE ORDERS OF THIS HON'BLE COURT IN BA NO.7305/2025 DATED 26.06.2025 Annexure-5 THE TRUE COPY OF THE ORDERS OF THIS HON'BLE COURT IN BA NO. 8271/2025 14.07.2025