Shibu @ Karoorkkadavu Shibu vs State Of Kerala
2025 Latest Caselaw 3251 Ker

Citation : 2025 Latest Caselaw 3251 Ker
Judgement Date : 8 August, 2025

Kerala High Court

Shibu @ Karoorkkadavu Shibu vs State Of Kerala on 8 August, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

B.A.No.9018 of 2025                 1



                                                    2025:KER:59436

              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. 9018 OF 2025

       CRIME NO.973/2024 OF Punalur Police Station, Kollam

   AGAINST THE ORDER/JUDGMENT DATED IN SC NO.710 OF 2025 OF

   DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE

                           AUTHORITY, KOLLAM

PETITIONER/6TH ACCUSED:

             SHIBU @ KAROORKKADAVU SHIBU, AGED 41 YEARS
             D/O LATHEEF, KAVVIL (MARIYATHKIZHAKKETHIL VEEDU),
             TRANSFORMER JUNCTION, KAROORKKADAVU, MYNAGAPPALLY,
             KOLLAM, PIN - 690519

             BY ADVS.
             SRI.C.R.JAYAKUMAR
             SRI.NOBEL RAJU
             SMT.SANDRA SREEKUMAR




RESPONDENTS/STATE/COMPLAINANT:



     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031
 B.A.No.9018 of 2025               2



                                                   2025:KER:59436

     2       THE STATION HOUSE OFFICER,
             PUNALUR POLICE STATION, PUNALUR PO,
             KOLLAM, PIN - 691305


             SMT. SREEJA V., PP


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 B.A.No.9018 of 2025                       3



                                                                2025:KER:59436

                      BECHU KURIAN THOMAS, J.
                ......................................................
                          B.A.No.9018 of 2025
                  ...................................................
               Dated this the 8th day of August, 2025

                                    ORDER

This is an application for regular bail filed under section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Petitioner is the 6th accused in Crime No.973/2024 of

Punaloor Police Station, Kollam. The crime has been registered

alleging offences punishable under Sections 20(b)(ii)(C) 29, 25,

8A(C) r/w Section 8(c), 29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (for short 'the NDPS' Act') and Sections

111(2)(b)(4), 238(b) of Bharathiya Nagarik Suraksha Sanhitha,

2023.

3. According to the prosecution, on 11.07.2024, the

accused 1 and 2 were found to be in possession of 30.370 Kgs. of

ganja and the involvement of remaining accused was revealed on

questioning them. The petitioner was arrested on 13.03.2025 and

he has been in custody since then.

4. Heard Sri.C.R.Jayakumar, the learned Counsel for the

2025:KER:59436

petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that

the petitioner has been in custody from 13.03.2025. It was

submitted that the grounds for arrest were not communicated to

the petitioner or his relatives at the time of his arrest.

6. The learned Public Prosecutor opposed the bail

application and submitted that the grounds for 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 [AIR 2025 SC 1388], it has been held that the

2025:KER:59436

requirement of informing a person of grounds for 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.

9. 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.

10. On a perusal of the case diary it is noticed that, though

the arrest memo issued to the petitioner contains his signature,

there is no reference to any specific grounds for his arrest other

than a mere mention that petitioner has been arrested for violating

the provisions of the NDPS Act. Similarly, in the arrest intimation

given to the petitioner's wife also, there is no reference to the

grounds for his arrest. In view of the failure to provide any

intimation of the grounds for arrest to the relatives of the

2025:KER:59436

petitioner, I am satisfied that there has been a failure to

communicate the grounds for arrest. In such circumstances,

petitioner's arrest is vitiated.

11. Petitioner has been in custody from 13.03.2025

onwards. Since the grounds for arrest were not communicated to

the petitioner 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.