Kerala High Court
Sandeep V.K vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:54986
BAIL APPL. NO. 8684 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8684 OF 2025
CRIME NO.376/2024 OF MARADU POLICE STATION, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 18.11.2024 IN Bail
Appl. NO.5724 OF 2024 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.3 (IN CUSTODY FROM 03.03.2024):
SANDEEP V.K
AGED 34 YEARS
S/O KARUNAKARAN, VETTIPARAMBIL HOUSE, EDAYKKUNAM,
CHERANELLOOR, ERNAKULAM DISTRICT, PIN - 683544
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
RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
MARADU POLICE STATION, ERNAKULAM DISTRICT,
PIN - 682304
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:54986
BAIL APPL. NO. 8684 OF 2025
2
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8684 of 2025
...................................................
Dated this the 25th 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 3rd accused in Crime No.376 of 2024 of Maradu Police Station, Ernakulam, registered for the offences punishable under Sections 22(c), 20(b)(ii)(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, apart from Section 6(b) r/w Section 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
3. According to the prosecution, accused Nos. 1 to 6 hatched a conspiracy to procure narcotic drugs and the first accused was found by the Detecting Officer after being intercepted at Maradu, Ernakulam, to be carrying 2025:KER:54986 BAIL APPL. NO. 8684 OF 2025 3 101.09 grams of MDMA in the car he was travelling. Petitioner had financed the purchase of contraband. Thus, the accused have committed the above offences. Petitioner was arrested on 03.03.2024, and he has been in custody since then.
4. Heard Sri. P. Mohamed Sabah the learned counsel for the petitioners, as well as Sri. M. P. Prasanth, the learned Public Prosecutor.
5. According to the learned counsel for the petitioner, though petitioner was arrested on 03.03.2024, till date, the grounds for arrest have not been communicated, and hence, the arrest itself is vitiated and the petitioner ought to be released on bail.
6. The learned Public Prosecutor, on a perusal of the case diary, submitted that, though petitioner is alleged to have committed a very serious offence and there are materials to connect the petitioner with crime, the grounds for arrest as contemplated by law have not been communicated. It was also submitted that in the arrest 2025:KER:54986 BAIL APPL. NO. 8684 OF 2025 4 memo issued to the petitioner, only the provisions of the Act alone have been mentioned.
7. On a consideration of the rival contentions, it is noticed that in the decision in Vihaan Kumar v. State of Haryana and Another [2024 SCC OnLine SC 4702], the Supreme Court has categorically observed that the grounds for arrest have to be mandatorily intimated to the accused as well as the relatives, which is a constitutional as well as statutory right. It has also been observed that if the grounds for arrest have not been communicated as contemplated by law, the accused is entitled to be released on bail forthwith.
8. Since it is conceded that the grounds for arrest have not been communicated, petitioner's arrest is illegal, and hence, he is entitled to be released on bail.
9. 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 2025:KER:54986 BAIL APPL. NO. 8684 OF 2025 5 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 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 jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE nak 2025:KER:54986 BAIL APPL. NO. 8684 OF 2025 6 APPENDIX OF BAIL APPL. 8684/2025 PETITIONER ANNEXURES Annexure 3 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 376 OF 2024 OF MARADU POLICE STATION, ERNAKULAM DISTRICT Annexure 4 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 376 OF 2024 OF MARADU POLICE STATION, ERNAKULAM DISTRICT Annexure 5 TRUE COPY OF THE ORDER DATED 08.11.2024 IN B.A. NO. 6026/2024 PASSED BY THIS HONOURABLE COURT, GRANTING BAIL TO THE ACCUSED NO.2 Annexure 6 TRUE COPY OF THE ORDER DATED 01.04.2025 IN B.A. NO. 3825/2025 PASSED BY THIS HONOURABLE COURT, GRANTING BAIL TO THE ACCUSED NO.4 Annexure 7 TRUE COPY OF THE ORDER DATED 07.03.2025 IN B.A. NO. 10086/2024 PASSED BY THIS HONOURABLE COURT Annexure 8 TRUE COPY OF THE ORDER DATED 08.11.2024 IN B.A. NO. 5055/2024 PASSED BY THIS HONOURABLE COURT Annexure 9 TRUE COPY OF THE ORDER DATED 03.03.2025 IN B.A. NO. 6599/2024 PASSED BY THIS HONOURABLE COURT Annexure 10 TRUE COPY OF THE ORDER DATED 27.06.2024 IN B.A. NO. 4209/2024 PASSED BY THIS HONOURABLE COURT