Kerala High Court
Arjun.O vs State Of Kerala on 8 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:59553
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF AUGUST 2025/17TH SRAVANA, 1947
BAIL APPL. NO. 9146 OF 2025
CRIME NO.484/2024 OF KUNNAMANGALAM POLICE STATION,
KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 09.12.2024 IN BAIL APPL.
NO.8511 OF 2024 OF HIGH COURT OF KERALA.
PETITIONER/ACCUSED NO.3
ARJUN.O,
AGED 24 YEARS,
S/O SATHYAPRAKASHAN, ODUKKATHIL HOUSE, SURABHI,
OLAVANNA, KOZHIKODE,
PIN - 673 019.
BY ADV SMT.VIJAYAKUMARI.R
RESPONDENT/COMPLAINANT
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682 031.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:59553
B.A No.9146 of 2025
2
BECHU KURIAN THOMAS, J.
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Bail Appl. No.9146 of 2025
------------------------------------
Dated this the 8th day of August, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the third accused in Crime No.484 of 2024
of Kunnamangalam Police Station, Kozhikode, registered for the
offences punishable under section 22(c) and Section 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short
'NDPS Act').
3. According to the prosecution, on 26.06.2024, accused
was found in possession and transporting 141.88 grams of MDMA
and thereby committed the offences alleged.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 26.06.2024. It was submitted
that the grounds for arrest were not communicated to the petitioner
or his relatives at the time of his arrest.
5. The learned Public Prosecutor opposed the bail
application and submitted that the grounds for arrest were
2025:KER:59553
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.
6. 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.
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 of arrest is a
mandatory requirement of Article 22(1) and also that the said
information must be provided to the arrested person in such a
manner that sufficient knowledge of the basic facts constituting the
grounds must be communicated 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
2025:KER:59553
NDPS Act and held that the grounds for arrest must be
communicated.
9. On a perusal of the arrest memo, it is noticed that there
is no reference to any grounds for arrest. Even in the arrest
intimation except for observation in the remand report that the
relative of the petitioner has been informed by phone there is no
reference to the grounds for petitioner's arrest. Considering the
aforesaid circumstances, I am satisfied the grounds for arrest had
not been communicated to the petitioner as contemplated by law.
10. Petitioner has been in custody from 26.06.2024
onwards. Since the grounds for arrest was not communicated to the
petitioner as soon after the arrest, petitioner is entitled to be
released on bail.
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
2025:KER:59553
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
law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
2025:KER:59553
APPENDIX OF BAIL APPL. 9146/2025
PETITIONER ANNEXURES
ANNEXURE-A1 TRUE COPY OF THE FIR DATED 26/06/2024 IN
CRIME NO. 484 OF 2024 OF KUNNAMANGALAM
POLICE STATION, KOZHIKODE.
ANNEXURE-A2 TRUE COPY OF THE ORDER DATED 09/12/2024
IN B.A.NO.8511/2024 ISSUED BY THE HON'BLE
HIGH COURT OF KERALA, ERNAKULAM.
ANNEXURE-A3 TRUE COPY OF THE FINAL REPORT DATED
19/12/2024 FILED BY THE RESPONDENT BEFORE
THE SPECIAL COURT FOR NDPS ACT CASES
&ADDL.DISTRICT & SESSIONS COURT, VATAKARA
IN CR.NO.484 OF 2024 OF KUNNAMANGALAM
POLICE STATION.
ANNEXURE-A4 TRUE COPY OF THE SEIZURE MAHAZAR IN
CR.NO.484 OF 2024 OF KUNNAMANGALAM POLICE
STATION.
ANNEXURE-A5 TRUE COPY OF THE ORDER(COMMON ORDER)
ISSUED BY THIS HON'BLE COURT IN
B.A.NO.6996 OF 2025 DATED 04/07/2025.
