Kerala High Court
Abey Varghese vs State Of Kerala on 14 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:61251
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
BAIL APPL. NO. 9278 OF 2025
CRIME NO.15/2025 OF NORTH PARAVUR EXCISE RANGE
OFFICE, ERNAKULAM.
PETITIONER:
ABEY VARGHESE.,
AGED 33 YEARS,
S/O VARGHESE, PUTHUSSERY HOUSE,
DEVASWAM NADA KARA, CHERAI,
PALLIPPURAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 683 514.
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 THE EXCISE INSPECTOR,
EXCISE RANGE OFFICE, NORTH PARAVUR,
NORTH PARAVUR P.O, ERNAKULAM DISTRICT,
PIN - 683 513.
Bail Appl. No.9278 of 2025
2025:KER:61251
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SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.9278 of 2025
2025:KER:61251
-3-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.9278 of 2025
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Dated this the 14th 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 accused in Crime No.15 of 2025 of
Excise Range office, North Paravur, registered for the offences
punishable under sections 20(b)(ii)(B), 22(a), 22(c) and 25 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short
'NDPS Act').
3. According to the prosecution, on 18.02.2025, the
accused were found in possession of 1.050 Kg of ganja, 166 grams
of hashish oil, 0.19 grams of methamphetamine and 0.45 grams of
LSD stamps in a motorbike bearing Reg. No.KL-42-L-1115 and
thereby committed the offences alleged. Petitioner was arrested on
18.02.2025, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that
the petitioner has been in custody since 18.02.2025. 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:61251
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
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of 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 as well as Annexure-2
produced along with this bail application, it is noticed that the
grounds for arrest have not been communicated. Though arrest
intimation was given to the wife of the petitioner, even in that
document there is nothing to indicate that the grounds for arrest
were communicated. In such circumstances, I am satisfied that the
petitioner's arrest is vitiated.
10. Petitioner has been in custody from 18.02.2025
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.
(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:61251
APPENDIX OF BAIL APPL. 9278/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE CRIME AND OCCURRENCE
REPORT IN CRIME NO. 15/2025 OF EXCISE
RANGE OFFICE, NORTH PARAVUR DATED
18.02.2025.
Annexure 2 TRUE COPY OF THE ARREST MEMO IN CRIME
NO. 15/2025 OF EXCISE RANGE OFFICE,
NORTH PARAVUR DATED 18.02.2025.
Annexure 3 TRUE COPY OF THE SEIZURE MAHAZAR IN
CRIME NO. 15/2025 OF EXCISE RANGE
OFFICE, NORTH PARAVUR DATED 18.02.2025.
Annexure 4 TRUE COPY OF THE ORDER DATED 16.05.2025
IN CRL.M.C. NO.1206/2025 PASSED BY THE
COURT OF SESSIONS; ERNAKULAM.
Annexure 5 TRUE COPY OF THE JUDGMENT IN W.P (CRL)
NO. 733/2025 DATED 29.07.2025 OF THIS
HON'BLE COURT.
