Kerala High Court
Sajeer vs State Of Kerala on 12 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:60470
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. 9226 OF 2025
CRIME NO.122/2024 OF THOTTILPALAM POLICE STATION,
KOZHIKODE AGAINST THE ORDER/JUDGMENT DATED 17.06.2025 IN BAIL
APPL. NO.6060 OF 2025 OF HIGH COURT OF KERALA
PETITIONER:
SAJEER.,
AGED 32 YEARS,
S/O KAREEM, PADIKKAL (HO), CHERAPURAM PO,
VELAM, KOZHIKODE, PIN - 673 522.
BY ADVS.
SRI.P.JERIL BABU
SHRI.SRINATH GIRISH
SMT.PRASUDHA.S
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. NOUSHAD K. A. (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.9226 of 2025
2025:KER:60470
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.9226 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.122 of 2024
of Thottilapalam Police Station, Kozhikode, registered for the offences
punishable under Sections 22(c), 20(b)(ii)(A) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS
Act').
3. According to the prosecution, on 14.03.2024, the accused
were found in possession and transporting 96.680 grams of
methamphetamine and 9.300 grams of ganja in a car bearing
registration No.KL-55/T-7900 and thereby the accused committed the
offences alleged. Petitioner was arrested on 14.03.2024 and he has
been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 14.03.2024. 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
2025:KER:60470
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 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.
8. 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 grounds for arrest must be
2025:KER:60470
communicated.
9. On a perusal of the details of arrest effected, it is seen
that the arrest memo does not specify any grounds for arrest.
Similarly, the grounds for arrest have not been intimated to the near
relatives of the accused. Though there is a reference in the seizure
mahazar that the accused was arrested after being convinced of the
grounds for arrest, there is no material to substantiate that the
specific grounds for arrest were effectively communicated as
contemplated by law.
10. Petitioner has been in custody from 14.03.2024
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.
11. 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 Fifty thousand 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 country without the permission
of the jurisdictional Court.
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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:60470
APPENDIX OF BAIL APPL. 9226/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR NO. 122/2024 OF
THOTTILPALAM POLICE, KOZHIKODE DATED
14-03-2024.
Annexure 2 A TRUE COPY OF THE ARREST MEMO OF THE
PETITIONER IN CRIME NO. 122/2024 OF
THOTTILPALAM POLICE, KOZHIKODE DATED
14-03-2024.
Annexure 3 A TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME
NO. 122/2024 OF THOTTILPALAM POLICE,
KOZHIKODE DATED 14-03-2024.
Annexure 4 A TRUE COPY OF THE FINAL REPORT IN
CR.NO.122/2024 OF THOTTILPALAM POLICE,
KOZHIKODE.
Annexure 5 A TRUE COPY OF THE ORDER IN C.M.P.
1169/2025 DATED 07-07-2025 OF SPECIAL JUDGE
(N.D.P.S. ACT CASES), VADAKARA.
