Kerala High Court
Anusal vs State Of Kerala on 4 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 8007 OF 2024 1 2025:KER:58014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
BAIL APPL. NO. 8007 OF 2024
CRIME NO.411/2024 OF Kodungallur Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 17.05.2024 IN CRMP
NO.3189 OF 2024 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL
APPELLATE AUTHORITY, THRISSUR
PETITIONER/1ST ACCUSED :
ANUSAL,
AGED 29 YEARS
S/O. ANOOP, POYYARA HOUSE, ANTHIKKAD VILLAGE AND
DESOM, THRISSUR, PIN - 680641
BY ADV SRI.VIVEK VENUGOPAL
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
SRI.NARAYANAN, ADD.PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8007 OF 2024 2 2025:KER:58014
C.S.DIAS, J.
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Bail. Appl. No. 8007 OF 2024
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Dated this the 4th day of August, 2025
ORDER
The application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 ('the BNSS' for
short), by the 1st accused in Crime No.411 of 2024 of the
Kodungallur Police Station, Thrissur, which is registered
against the accused persons for allegedly committing the
offences punishable under Sections 20(b) and 20(b)(ii)(C) of
the of the Narcotic Drugs and Psychotropic Substances Act,
1985 ('Act', in short). The petitioner was arrested and
remanded to judicial custody on 19.03.2024.
2. The crux of the prosecution case is that: on
19.03.2024, at around 05:00 a.m., the accused 1 and 2
were found transporting 111.563 kilograms of Ganja in a
vehicle bearing registration No.KL-38-F-0090 near the
Kurumbamma Temple at Thekkenada. They were arrested
on the spot with the contraband article. Thus, the accused
BAIL APPL. NO. 8007 OF 2024 3 2025:KER:58014
have committed the above offences.
3. Heard; Sri. Vivek Venugopal, the learned counsel
appearing for the petitioner and Sri. Narayanan, the learned
Special Public Prosecutor.
4. The learned counsel for the petitioner contends
that the petitioner's arrest is illegal because he was not
informed of his grounds of arrest. The learned counsel
relied on the decision of this Court in Shahina v. State of
Kerala [2025 (4) KLT 314], to fortify his contention that,
since the petitioner was not informed of his grounds of
arrest, there is an infringement of Article 22 of the
Constitution of India. Therefore, he urged that the petitioner
may be enlarged on bail.
5. The learned Special Public Prosecutor does not
dispute the fact that the petitioner was not informed of his
grounds of arrest and the proposition of the law laid down in
Shahina's case (supra). Nonetheless, he prays that, even
if the petitioner is enlarged on bail, stringent conditions may
be imposed on him.
6. The petitioner is alleged to have committed
BAIL APPL. NO. 8007 OF 2024 4 2025:KER:58014
offences under the Act. As per Section 37 of the Act, this
Court has to be satisfied that the petitioner has
satisfactorily qualified with the twin conditions under
Section 37 of the Act. Nonetheless, as the legal position
now canvassed is based on the decision in Shahina's case
(supra) that the petitioner's fundamental rights guaranteed
under Article 22 of the Constitution of India have been
infringed. Since he was not informed the grounds of his
arrest, the said ground overrides the rigour under Section
37 of the Act. Hence, I hold that the petitioner is entitled to
be enlarged on bail, notwithstanding the rigour under
Section 37 of the Act. Accordingly, I allow the bail
application, subject to the following conditions:
7. The petitioner is directed to 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, which shall
be subject to the following conditions:
(i) The petitioner shall appear before the Trial Court
as and when directed;
BAIL APPL. NO. 8007 OF 2024 5 2025:KER:58014
(ii) The petitioner shall not directly or indirectly
make any inducement, threat or procure to any
person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court
or to any Police Officer or tamper with the evidence
in any manner, whatsoever;
(iii) The petitioner shall not commit any offence while
he is on bail;
(iv) The petitioner shall surrender his passport, if
any, before the Jurisdictional Court at the time of
execution of the bond. If he has no passport, he shall
file an affidavit to the effect before the court below
on the date of execution of the bond;
(v) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
empowered to consider the application for
cancellation of bail, if any filed, and pass orders on
the same, in accordance with law.
(vi) Applications for deletion/modification of the bail
conditions shall be filed and entertained before the
BAIL APPL. NO. 8007 OF 2024 6 2025:KER:58014
Jurisdictional Court.
Sd/-
C.S.DIAS, JUDGE
SCB/dkr
BAIL APPL. NO. 8007 OF 2024 7 2025:KER:58014
APPENDIX OF BAIL APPL. 8007/2024
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR NO. 411 OF 2024 OF
KODUNGALLUR POLICE STATION DATED 19-03-2024
ANNEXURE A2 A TRUE COPY OF THE REMAND REPORT DATED 19-
03-2024
ANNEXURE A3 A TRUE COPY OF THE ORDER MADE IN CRL.M.P.
NO 3189 OF 2024 BEFORE THE 1ST ADDITIONAL
SESSIONS JUDGE, THRISSUR DATED 17-05-2024
ANNEXURE A4 A TRUE COPY OF THE ORDER MADE IN CRL.M.P.
NO.6132 OF 2024 THE COURT OF THE SESSIONS
JUDGE, THRISSUR DATED 04-10-2024
ANNEXURE A5 A TRUE COPY OF THE FINAL REPORT MADE IN
CRIME NO. 411 OF 2024 OF KODUNGALLUR POLICE
STATION DATED 30-08-2024
