Kerala High Court
Anas M vs State Of Kerala on 25 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.10080 of 2025 1
2025:KER:64867
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
BAIL APPL. NO. 10080 OF 2025
CRIME NO.9/2025 OF Malappuram Excise Range Office, Malappuram
AGAINST THE ORDER/JUDGMENT DATED 21.05.2025 IN Bail Appl.
NO.6534 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
ANAS M., AGED 32 YEARS
S/O. ABDURAHIMAN, KEERANGATTUTHODI HOUSE,
MORAYUR, KONDOTTY, MALAPPURAM DISTRICT,
PIN-673642
BY ADVS.
SHRI.NOBLE MATHEW
SMT.DEEPA NOBLE
SMT.KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
B.A.No.10080 of 2025 2
2025:KER:64867
2 NOUFAL. N CIRCLE INSPECTOR OF EXCISE,
EXCISE ENFORCEMENT & ANTINARCOTIC SPECIAL SQUAD,
MALAPPURAM PEN-42958, B2 BLOCK, CIVIL STATION
MALAPPURAM
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.10080 of 2025 3
2025:KER:64867
BECHU KURIAN THOMAS, J.
......................................................
B.A.No.10080 of 2025
...................................................
Dated this the 25th 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 1st accused in Crime No.9/2025 of the
Excise Enforcement and Anti-Narcotic Special Squad, Malappuram.
Petitioner is alleged to have committed offences punishable under
Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 [NDPS Act].
3. According to the prosecution, on 02.02.2025, accused
Nos.1 and 2 were together found in possession of 40.489 Kgms. of
Ganja and they were arrested on that day itself and petitioner has
been in custody since then.
4. Heard Adv.Noble Mathew, the learned Counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
the petitioner has been in custody from 02.02.2025. It was
2025:KER:64867
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
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
2025:KER:64867
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 records of investigation it is
noticed that the arrest memo specifically refers to the petitioner
having been in possession of 20.489 Kg. of ganja, which contains
his signature as well as his finger print. However, in the arrest
notice, it is seen that no grounds for arrest have been
communicated to the near relative of the petitioner, other than
mentioning about the provisions of law. Considering the legal
proposition, I am satisfied that the grounds for arrest have not
been communicated to any relative of the petitioner as
contemplated by law. In such circumstances, petitioner's arrest is
2025:KER:64867
vitiated.
11. Though the learned Counsel for the petitioner
submitted that the arrest was never intimated to any relative. The
prosecution contended that intimation was given to his friend.
Though there is a dispute as to whether the intimation was given
or not, it is a matter to be identified during trial. Since I have
already found that the grounds for arrest have not been
communicated to a near relative of the petitioner as contemplated
by law, the said question is left open.
12. Petitioner has been in custody from 02.02.2025
onwards. Since the grounds for arrest were not communicated to
the near relatives of the petitioner, he 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.
2025:KER:64867
(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.
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/25/08/2025
2025:KER:64867
APPENDIX OF BAIL APPL. 10080/2025
PETITIONER ANNEXURES
Annexure A-1 THE TRUE COPY OF THE CRIME AND OCCURANCE
REPORT IN CR NO. 09/2025 DATED 03/02/2025
Annexure A-2 TRUE COPY OF THE ORDER IN CRL.M.P NO.
453/2025 IN CR. NO. 09/2025 EE & ANSS
DATED 25/04/2025
Annexure A-3 TRUE COPY OF JUDGEMENT IN BAIL
APPLICATION NO. 6534/2025 DATED 21-5-2025
