Kerala High Court
Tony Thomas vs State Of Kerala on 23 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:64305
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
BAIL APPL. NO. 9712 OF 2025
CRIME NO.851/2024 OF PALARIVATTOM POLICE STATION,
ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 13.12.2024 IN
BAIL APPL. NO.9343 OF 2024 OF HIGH COURT OF KERALA.
PETITIONER:
TONY THOMAS.,
AGED 27 YEARS,
S/O THOMAS CHACKO @ THOMASKUTTY,
VELLAPPALLIL HOUSE, VENKURINJI P.O.,
KOLLAMULA, RANNI, PATHANAMTHITTA DISTRICT,
PIN - 686 510.
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 THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 THE STATION HOUSE OFFICER,
PALARIVATTOM POLICE STATION,
Bail Appl. No.9712 of 2025
2025:KER:64305
-2-
ERNAKULAM DISTRICT, PIN - 682 018.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.9712 of 2025
2025:KER:64305
-3-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.9712 of 2025
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Dated this the 23rd 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.851 of
2024 of Palarivattom Police Station, Ernakulam, registered for the
offences punishable under sections 20(b)(ii)(C) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short
'NDPS Act').
3. According to the prosecution on 17.08.2024, the
accused was found in possession of 22.093 Kg of Ganja and thereby
committed the offences alleged. Petitioner was arrested on
20.09.2024, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that
the petitioner has been in custody since 20.09.2024. 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
application and submitted that the grounds for arrest were
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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 the aforesaid principles in relation to offences alleged under the
NDPS Act and held that the grounds for arrest must be
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communicated.
9. On a perusal of the records of the case, it is noticed
that the grounds for arrest have not been communicated. The
arrest memo as well as the arrest intimation contains only
reference to provisions of law under which the petitioner has been
arrested. Hence, I am satisfied that the grounds for arrest have not
been communicated.
10. Petitioner has been in custody from 20.09.2024
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.
(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
ADS
2025:KER:64305
APPENDIX OF BAIL APPL. 9712/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED 13.12.2024
IN BAIL APPL. 9343 OF 2024 ON HIGH
COURT.
Annexure 2 TRUE COPY OF THE FIR IN CRIME NO. 851 OF
2024 OF PALARIVATTOM POLICE STATION,
ERNAKULAM DISTRICT.
