Kerala High Court
Abin.T.T vs State Of Kerala on 28 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BA Nos.8823 & 8860/2025
1
2025:KER:55549
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
BAIL APPL. NO. 8823 OF 2025
CRIME NO.484/2024 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.28 OF 2025 OF
SPECIAL COURT (NDPS ACT CASES), VADAKARA
PETITIONER(S)/ACCUSED NO.1 (IN CUSTODY FROM 26.6.2024):
ABIN.T.T
AGED 30 YEARS
S/O SATHYENDRAN, THIRUTHITHAZHATH HOUSE,
VAZHAYUR P.O, MALAPPURAM DISTRICT, PIN - 673633.
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
KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM P.O,
KOZHIKODE DISTRICT, PIN - 673571.
BY SRI. NOUSHAD K. A, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2025,
ALONG WITH Bail Appl..8860/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
BA Nos.8823 & 8860/2025
2
2025:KER:55549
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
BAIL APPL. NO. 8860 OF 2025
CRIME NO.484/2024 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.28 OF 2025 OF
SPECIAL COURT (NDPS ACT CASES), VADAKARA
PETITIONER(S)/ACCUSED NO.2:
ARUN P.P
AGED 19 YEARS
S/O JIJEESH, POOVATHALIPURAYIL HOUSE,
THEKKEPADAM, PANTHEERANKAVU, KOZHIKODE.,
PIN - 673019.
BY ADVS.
SRI.A.ARUNKUMAR
SRI.S.SHYAM KUMAR
SHRI.SACHIN GEORGE ARAMBAN
SMT.NESILI NAZEER
RESPONDENT(S):
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
BY SMT. SREEJA V, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2025,
ALONG WITH BAIL APPL..8823/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
BA Nos.8823 & 8860/2025
3
2025:KER:55549
BECHU KURIAN THOMAS, J.
......................................................
B.A. Nos.8823 & 8860 of 2025
...................................................
Dated this the 28th 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 in B.A.No.8823/2025 is the first accused while the petitioner in B.A.No.8860/2025 is the second accused in Crime No.484 of 2024 of Kunnamangalam Police Station, Kozhikode, registered for the offences punishable under sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution, on 26.06.2024, the accused were found in possession and transportation of 141.88 grams of Methamphetamine and thereby committed the offences alleged.
4. The learned counsel for the petitioners submitted that the petitioners have been in custody since 26.06.2024. It was submitted that the grounds for arrest were not communicated to the petitioners or their relatives at the time of their arrest.
5. The learned Public Prosecutor opposed the bail application and submitted that the grounds for arrest were communicated to the petitioners at the BA Nos.8823 & 8860/2025 4 2025:KER:55549 time of their arrest. It was also submitted that since the contraband seized from the petitioners was a commercial quantity, the rigour under Section 37 of NDPS Act will apply and hence petitioners ought not to be released on bail.
6. Though prima facie there are materials on record to connect the petitioners with the crime, since petitioners have 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 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.
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 NDPS Act and held that the grounds for arrest must be communicated.
9. The records indicate only a vague reference in the seizure mahazar BA Nos.8823 & 8860/2025 5 2025:KER:55549 about the arrest being made on account of possession of prohibited narcotic drugs. There is nothing to indicate that the grounds for arrest have been communicated to the petitioners in the instant crime. Hence petitioners arrest is illegal for failure to communicate the grounds for arrest. This Court has already released the 4 th accsed in the same crime after noticing that the grounds for arrest have not been communicated to him. The said order in B.A.No.6996/2025 also fortifies the conclusion arrived at as above.
10. Petitioners have been in custody from 26.06.2024 onwards. Since the grounds for arrest were not communicated to the petitioners soon after their arrest, petitioners are entitled to be released on bail. In the result, these bail applications are allowed on the following conditions:-
(a) Petitioners shall be released on bail on each of them 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) Petitioners shall co-operate with the trial of the case.
(c) Petitioners shall not intimidate or attempt to influence the witnesses;
nor shall they attempt to tamper with the evidence.
(d) Petitioners shall not commit any similar offences while they are on bail.
(e) Petitioners shall not leave the State of Kerala without the permission of the jurisdictional Court.
BA Nos.8823 & 8860/2025 6 2025:KER:55549 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/28/07/2025 BA Nos.8823 & 8860/2025 7 2025:KER:55549 APPENDIX OF BAIL APPL. 8860/2025 PETITIONER ANNEXURES ANNEXURE AI A TRUE COPY OF THE FIR IN CRIME NO. 484 OF 2024 OF KUNNAMANGALAM POLICE STATION.
ANNEXURE AII A TRUE COPY OF THE FINAL REPORT IN CRIME NO.
484 OF 2024 OF KUNNAMANGALAM POLICE STATION. ANNEXURE AIII A TRUE COPY OF THE ORDER DATED 04-07-2025 IN BA.NO.6996 OF 2025.
ANNEXURE AIV A TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO.484 OF KUNNAMANGALAM POLICE STATION. ANNEXURE AV A TRUE COPY OF THE ORDER DATED 30-07-2024 IN CMP.NO.666 OF 2024 OF THE COURT OF SPECIAL JUDGE (NDPS ACT CASES) VADAKARA.
BA Nos.8823 & 8860/2025 8 2025:KER:55549 APPENDIX OF BAIL APPL. 8823/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 484 OF 2024 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE 2 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO.
484 OF 2024 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE 3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
484 OF 2024 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE 4 TRUE COPY OF THE ORDER DATED 23.05.2025 IN B.A NO. 5468/2025 PASSED BY THIS HON'BLE COURT.
ANNEXURE 5 TRUE COPY OF THE ORDER DATED 04.07.2025 IN B.A NO. 6996/2025 PASSED BY THIS HON'BLE COURT.
ANNEXURE 6 TRUE COPY OF THE ORDER DATED 09.12.2024 IN B.A NO. 8511/2024 PASSED BY THIS HON'BLE COURT.