Kerala High Court
Maggi Ashna A F vs State Of Kerala on 25 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 10056 OF 2025
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2025:KER:64657
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. 10056 OF 2025
CRIME NO.33/2025 OF MATTANCHERRY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1040 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - VIII/, ERNAKULAM / IV
ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM
PETITIONER/ACCUSED NO.3:
MAGGI ASHNA A F,
AGED 24 YEARS
D/O. FRANCIS A S, ATTIPETTI HOUSE NO. 15,
ELAMKUNNAPPUZHA, AZHEEKKAL, ERNAKULAM.,
PIN - 682508
BY ADVS.
SHRI.GEORGE SEBASTIAN
SRI.JIGO GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.,
PIN - 682 031.
SRI.NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 10056 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.10056 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 third accused in Crime No.33 of 2025 of Mattancherry
Police Station, Ernakulam; registered for the offences punishable under
Sections 8(c), 22(c), 20(b)(ii)(A), 23(c), 27A & 29(1) of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (for short, NDPS) and Secton
111(1) of the Indian Penal Code, 1860.
3. The prosecution case is that, accused were found in possession of 298.06
grams of MDMA apart from 6.800 grams of dried ganja on 31.01.2025
and thereby committed the offences alleged. Petitioner was arrested on
01.02.2025 and she has been in custody since then.
4. Heard Sri.George Sebastian, 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 01.02.2025. It was submitted that the grounds for
arrest were not communicated to the petitioner or her relatives at the
time of her arrest.
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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 her 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 her 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
she 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
in relation to offences alleged under the NDPS Act and held that the
grounds for arrest must be communicated.
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10. On a perusal of the case diary, it is noticed that grounds for
arrest have not been communicated as contemplated by law. In the
arrest memo as well as in the intimation of arrest to the relatives, only
the provisions of law have been mentioned. In such circumstances, I am
satisfied that the grounds for arrest have not been effectively
communicated as contemplated by law. Petitioner has been in custody
from 01.02.2025 onwards.
11. Since the grounds for arrest have not been communicated as
contemplated by law, petitioner's arrest stands vitiated. 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 her 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 she attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while she 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
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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/25/08/2025
BAIL APPL. NO. 10056 OF 2025
2025:KER:64657
APPENDIX OF BAIL APPL. 10056/2025
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE FIR DATED 30.01.2025 IN
CRIME NO.33/2025 OF MATTANCHERY POLICE
STATION ERNAKULAM DISTRICT.
ANNEXURE B A TRUE COPY OF THE REMAND REPORT DATED
01.02.2025 FILED IN CRIME NO.33/2025OF
MATTANCHERY POLICE STATION ERNAKULAM
DISTRICT.
ANNEXURE C A TRUE COPY OF THE ORDER DATED 25.02.2025 IN
CRL.MC 474/2025 IN SESSIONS COURT ERNAKULAM.
ANNEXURE D A TRUE COPY OF THE ORDER DATED 25.03.2025 IN
CRL.MC 817/2025 IN SESSIONS COURT ERNAKULAM.
ANNEXURE E A TRUE COPY OF THE ORDER DATED 19.04.2025 IN
CRL.MC 1024/2025 IN SESSIONS COURT ERNAKULAM.
ANNEXURE F A TRUE COPY OF THE COMMON ORDER DATED
16.06.2025 IN CRL.MC 1758/2025 AND CRL.MC
1983/2025 IN SESSIONS COURT ERNAKULAM.
ANNEXURE G A TRUE COPY OF THE ARREST MEMO DATED
01.02.2025 IN CRIME NO.33/2025 OF MATTANCHERY
POLICE STATION ERNAKULAM DISTRICT.
ANNEXURE H A TRUE COPY OF THE CUSTODY MEMO DATED
01.02.2025 IN CRIME NO.33/2025OF MATTANCHERY
POLICE STATION ERNAKULAM DISTRICT.
