Kerala High Court
Jomon vs State Of Kerala on 16 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.8458 of 2025 1
2025:KER:52639
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
BAIL APPL. NO. 8458 OF 2025
CRIME NO.911/2024 OF Wadakkanchery Police Station, Thrissur
AGAINST THE ORDER DATED 14.03.2025 IN Bail Appl. NO.3089 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.5:
JOMON, AGED 34 YEARS, S/O VARGHESE,
KATTILPARAMBIL HOUSE, KODANCHERY VILLAGE,
THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673580
BY ADVS.
SHRI.SUNEESH KUMAR R.
SRI.B.BIPIN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER, WADAKKANCHERRY POLICE
STATION, THRISSUR DISTRICT, PIN - 680582
BY SMT.SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.8458 of 2025 2
2025:KER:52639
BECHU KURIAN THOMAS, J.
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B.A.No.8458 of 2025
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Dated this the 16th day of July, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the 5th accused in Crime No.911 of 2024 of Wadakkancherry Police Station, Thrissur, registered for the offences punishable under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'].
3. According to the prosecution, on 05.12.2024, the accused were found in possession of 83.83 Kg. of ganja from two bikes kept inside a pickup van in which the accused were travelling and thereby committed the offences alleged. Petitioner was arrested on 18.12.2024 and he has been in custody since then.
4. Heard Adv.Suneesh Kumar R., the learned Counsel for the petitioner as well as Smt.Sreeja V., the learned Public B.A.No.8458 of 2025 3 2025:KER:52639 Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 18.12.2024. 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. B.A.No.8458 of 2025 4
2025:KER:52639 State of Haryana [AIR 2025 SC 1388], 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 information of the grounds for arrest must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts confuting the grounds imparted and communicate 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. In the instant case, on a perusal of the case diary, it is noticed that though the arrest memo and the inspection memo refer to the provisions of law under which petitioner has been arrested, there is nothing to indicate that the grounds for arrest were communicated to the petitioner or his relatives. In the absence of any material to indicate that the grounds for arrest B.A.No.8458 of 2025 5 2025:KER:52639 were communicated to the petitioner, his arrest stands vitiated.
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 modification or deletion of the conditions are required, the B.A.No.8458 of 2025 6 2025:KER:52639 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/16/07/2025 B.A.No.8458 of 2025 7 2025:KER:52639 APPENDIX OF BAIL APPL. 8458/2025 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE FIR IN CRIME NO.
911/2024 OF THE WADAKKANCHERRY POLICE STATION, THRISSUR DISTRICT DATED 6.12.2024.
Annexure-A2 TRUE COPY OF THE JUDGMENT IN STATE OF RAJASTHAN V. JAG RAJ SINGH @ HANSA, REPORTED IN AIR 2016 SC 3041.
Annexure-A3 TRUE COPY OF THE ORDER DATED 24.01.2025 IN CRL.M.P NO. 418/2025 OF THE HON'BLE SESSIONS JUDGE, THRISSUR.
Annexure-A4 TRUE COPY OF THE ORDER DATED 18.02.2025 IN CRL.M.P NO. 655/2025 OF THE HON'BLE ADDITIONAL SESSIONS JUDGE-III, THRISSUR. Annexure-A5 TRUE COPY OF THE ORDER DATED 09.05.2025 IN CRL.M.P NO. 2077/2025 OF THE HON'BLE ADDITIONAL SESSIONS JUDGE-III, THRISSUR. Annexure-A6 TRUE COPY OF THE ORDER DATED 14.03.2025 IN B.A.NO.3089/2025 BEFORE THIS HON'BLE COURT.