Kerala High Court
Mijas. P vs State Of Kerala on 22 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 10001 OF 2025
1
2025:KER:63823
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
BAIL APPL. NO. 10001 OF 2025
CRIME NO.697/2024 OF KOZHIKODE TOWN POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.77 OF 2025 OF
SPECIAL COURT (NDPS ACT CASES), VADAKARA
PETITIONER(S)/ACCUSED NO.2 (IN CUSTODY FROM 21.9.2024):
MIJAS. P
AGED 29 YEARS
S/O ABDUL RASAK.P, PUNATHIL HOUSE, PULLALLUR,
KARUVATTUR, KOZHIKODE DISTRICT, PIN - 673611
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
RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN - 682031.
2 THE STATION HOUSE OFFFICER
KOZHIKODE TOWN POLICE STATION, KOZHIKODE P.O,
KOZHIKODE DISTRICT, PIN - 673001.
BY SRI. PRASANTH M.P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 10001 OF 2025
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2025:KER:63823
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.10001 of 2025
...................................................
Dated this the 22nd 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.697 of 2024 of Kozhikode
Town Police Station, Kozhikode; registered for the offences punishable
under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, NDPS).
3. The prosecution case is that, on 21.09.2024, petitioner along with the
other accused were found in possession of 481.1 grams of
Methamphetamine kept in a bag and thereby committed the offences
alleged. Petitioner was arrested on 21.09.2024 and he has been in
custody since then.
4. Heard Sri.P.Mohamed Sabah, the learned counsel for the petitioner, as
well as Sri.Prasanth M.P., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has
been in custody since 21.09.2024. It was submitted that the grounds for
arrest were not communicated to the petitioner or his relatives at the
BAIL APPL. NO. 10001 OF 2025
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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 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 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 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 vs. State of Kerala [2025 KHC OnLine
706] this Court has also considered the impact of the aforesaid principles
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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 in the arrest
memo the grounds for arrest have not been communicated to the
petitioner. Though there is a reference that the petitioner was in
possession of Methamphetamine, the quantity is not mentioned. Further,
no separate arrest intimation has been given to the near relative of the
petitioner. In such circumstances, I am satisfied that the grounds for
arrest have not been effectively communicated as contemplated by law.
11. Petitioner has been in custody from 21.09.2024 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.
12. 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 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.
(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.
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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
AMV/22/08/2025
BAIL APPL. NO. 10001 OF 2025
2025:KER:63823
APPENDIX OF BAIL APPL. 10001/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO. 697/2024 OF KOZHIKODE TOWN POLICE
STATION, KOZHIKODE DISTRICT.
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 02.04.2025 IN
CRL.M.P. NO.450/2025 PASSED BY THE COURT OF
THE SPECIAL JUDGE (NDPS ACT CASES), VATAKARA.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 13.01.2025 IN
CRL.M.P. NO.17/2025 PASSED BY THE COURT OF
THE SPECIAL JUDGE (NDPS ACT CASES), VATAKARA.
