Kerala High Court
Abdul Asees M.C vs State Of Kerala on 14 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.9306 of 2025 1
2025:KER:61436
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. 9306 OF 2025
CRIME NO.934/2024 OF Kondotty Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1563 OF 2024 OF
SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER/ACCUSED NO.4:
ABDUL ASEES M.C., AGED 40 YEARS
S/O RAYIN M C, MOOCHIKKA CHALIL HOUSE,
VELIYAPARAMBU PO, PULIKKAL, CHERUMUTTAM,
MALAPPURAM, KERALA, PIN - 673572
BY ADVS.
SMT.K.REEHA KHADER
SMT.SREELAKSHMI SABU
SMT.UMMUL FADLA T.
SMT.HASANATH P.
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SRI.NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.9306 of 2025 2
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BECHU KURIAN THOMAS, J.
......................................................
B.A.No.9306 of 2025
...................................................
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 4th accused in Crime No.934 of 2024 of
Kondotty Police Station, Malappuram, which is now pending as
S.C.No.1563 of 2024 on the files of the Special Court for SC/ST
(POA) Act and NDPS Act Cases, Manjeri, 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 brevity, 'NDPS
Act'].
3. According to the prosecution, on 28.06.2024, accused 1
and 2 were found in possession of 90 grams of MDMA and 600
grams of ganja in a house at Pulikkal Grama Panchayat and the 6 th
accused, along with the other accused, acted as carriers. Petitioner
received the contraband from the 7th accused on instructions from
accused 3 and 5, which was then handed over to the first accused
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and thereby the accused committed the offences alleged.
Petitioner was arrested on 12.07.2024 and he has been in custody
since then.
4. Heard Adv.Reeha Khader K., the learned Counsel for the
petitioner as well as Sri.Noushad K.A., the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that
the petitioner has been in custody since 12.07.2024. 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
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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
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 as well as the additional
documents produced as Annexure A2, it is noticed that the arrest
memo does not contain any grounds for arrest. Except for referring
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to the provisions of law under which petitioner was arrested, there
is nothing to indicate that the grounds for arrest were
communicated to the petitioner. Even in the arrest intimation also,
only the provisions of law have been mentioned. In view of the
failure to provide intimation of arrest or the grounds for arrest to
the relatives of the petitioner, I am satisfied that petitioner has not
been communicated with the grounds for arrest. In such
circumstances, petitioner's arrest is vitiated.
11. Petitioner has been in custody from 12.07.2024
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.
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(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 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
sp/14/08/2025
2025:KER:61436
APPENDIX OF BAIL APPL. 9306/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 934
OF 2024 OF KONDOTTY POLICE STATION,
MALAPPURAM DATED 28-06-2024
Annexure A2 THE ARREST MEMO OF THE PETITIONER
Annexure A3 A TRUE COPY OF THE REPORT SUBMITTED BY
THE INVESTIGATING OFFICER IN SC NO. 1563
OF 2024 BEFORE THE SPECIAL JUDGE FOR
SC/ST POA ACT CASES COURT, MANJERI DATED
23.7.2025
