Kerala High Court
Albin Sebastian vs State Of Kerala on 28 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8634 OF 2025
1
2025:KER:55559
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. 8634 OF 2025
CRIME NO.237/2024 OF VELLAYIL POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.5 OF 2025 OF
SPECIAL COURT (NDPS ACT CASES), VADAKARA
PETITIONER(S)/ACCUSED NO.2 (CUSTODY FROM 19.5.2024):
ALBIN SEBASTIAN, AGED 24 YEARS
S/O SEBASTIAN K.J, KIZHAKKAYIL HOUSE,
MUTHUKKADU P.O., PERUVANNAMUZHI,
KOZHIKKODE DISTRICT, PIN - 673528.
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
VELLAYIL POLICE STATION,
KOZHIKODE DISTRICT, PIN - 670703.
BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8634 OF 2025
2
2025:KER:55559
BECHU KURIAN THOMAS, J.
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B.A. No.8634 of 2025
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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 is the second accused in Crime No.237 of 2024 of Vellayil 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, 'the NDPS Act').
3. According to the prosecution, on 19.05.2024, the accused was found in possession of 600.440 grams of Methamphetamine, 179.720 grams of Yellow colour Methamphetamine and 6.150 grams of Ecstasy tablets and 80 LSD stamps from the house of the accused, and thereby the accused committed the offences alleged. Petitioner was arrested on 19.05.2024 and he has been in custody since then.
4. Heard Sri.Mohamed Sabah, the learned counsel for the petitioner, as well as Sri.Noushad K.A., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 19.05.2024. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the BAIL APPL. NO. 8634 OF 2025 3 2025:KER:55559 time of his arrest.
6. The learned Public Prosecutor opposed the bail application and submitted that the grounds of 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 and Another [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.
9. In a recent decision in Shahina vs. 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 BAIL APPL. NO. 8634 OF 2025 4 2025:KER:55559 grounds for arrest must be communicated.
10. On a perusal of the case diary, it is noticed that, the arrest memo issued to the petitioner does not contain any reference to the grounds for arrest. Even in respect of the arrest intimation, the register maintained by the Police, does not indicate that grounds for arrest have been communicated, though there is an intimation given to the sister of the petitioner regarding the arrest.
11. Petitioner has been in custody from 19.05.2024 onwards. Having regard to the above circumstances, I am satisfied that the grounds for arrest have not been communicated to the petitioner as required by law.
12. 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 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 BAIL APPL. NO. 8634 OF 2025 5 2025:KER:55559 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 BAIL APPL. NO. 8634 OF 2025 6 2025:KER:55559 APPENDIX OF BAIL APPL. 8634/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE ORDER DATED 09.06.2025 IN BA.NO. 5055/2025.
ANNEXURE 2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 237 OF 2024 OF VELLAYIL POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE 3 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME NO.
237 OF 2024 OF VELLAYIL POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE 4 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
237 OF 2024 OF VELLAYIL POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE 5 TRUE COPY OF THE ORDER DATED 22.05.2025 IN W.P. (CRL.) NO. 611/2025.
ANNEXURE 6 TRUE COPY OF THE ORDER DATED 25.06.2025 IN CRL.M.P. NO.1073/2025 PASSED BY THE SPECIAL JUDGE (NDPS ACT CASES) VATAKARA.