Kerala High Court
Shibu vs State Of Kerala on 12 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:60411
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
BAIL APPL. NO. 9151 OF 2025
CRIME NO.1034/2024 OF MANGALAPURAM POLICE STATION,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED
04.06.2025 IN BAIL APPL. NO.6416 OF 2025 OF HIGH COURT OF
KERALA.
PETITIONER:
SHIBU.,
AGED 25 YEARS,
S/O SHAJI, VILAYIL VEEDU, AZHOOR,
PERUNGUZHI, THIRUVANANTHAPURAM,
PIN - 695 305.
BY ADV SRI.M.R.SARIN
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.9151 of 2025
2025:KER:60411
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.9151 of 2025
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Dated this the 12th 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 second accused in Crime No.1034 of
2024 of Mangalapuram Police Station, Thiruvananthapuram,
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 14.12.2024, the
accused were found in possession and transporting 58.180 grams of
MDMA in a car bearing Reg. No.KL-16-W-0871 and thereby
committed the offences alleged. Petitioner was arrested on
14.12.2024, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that
the petitioner has been in custody since 14.12.2024. It was
submitted that the grounds for arrest were not communicated to the
petitioner or his relatives at the time of his arrest.
2025:KER:60411
5. 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.
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
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the aforesaid principles in relation to offences alleged under the
NDPS Act and held that the grounds for arrest must be
communicated.
9. On a perusal of the case diary, It is noticed that the
arrest memo does not state any grounds for arrest, except for
referring to the provisions of law. Though the arrest intimation
refers to the grounds for arrest of the petitioner in detail,
considering that the arrest memo does not contain the grounds for
arrest, I am satisfied that the petitioner's arrest is vitiated for failure
to communicate the grounds for arrest.
10. Petitioner has been in custody from 14.12.2024
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.
(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.
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(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 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:60411
APPENDIX OF BAIL APPL. 9151/2025
PETITIONER ANNEXURES
Annexure-A1 THE TRUE COPY OF THE F.I.R IN CRIME NO
1034/2024 OF MANGALAPURAM POLICE STATION,
THIRUVANANTHAPURAM DATED 14.12.2024.
Annexure-A2 THE TRUE COPY OF THE REMAND REPORT IN
CRIME NO 1034/2024 OF MANGALAPURAM POLICE
STATION, THIRUVANANTHAPURAM DATED
15.12.2024.
Annexure-A3 THE TRUE COPY OF THE ORDER IN B.A NO
6416/2025 DATED 04.06.2025.
Annexure-A4 THE TRUE COPY OF THE ORDER IN B.A NO
8623/2025 DATED 21.07.2025.
