Kerala High Court
Jomon vs State Of Kerala on 16 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.8458 of 2025 1
2025:KER:52639
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
BAIL APPL. NO. 8458 OF 2025
CRIME NO.911/2024 OF Wadakkanchery Police Station, Thrissur
AGAINST THE ORDER DATED 14.03.2025 IN Bail Appl. NO.3089 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.5:
JOMON, AGED 34 YEARS, S/O VARGHESE,
KATTILPARAMBIL HOUSE, KODANCHERY VILLAGE,
THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673580
BY ADVS.
SHRI.SUNEESH KUMAR R.
SRI.B.BIPIN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER, WADAKKANCHERRY POLICE
STATION, THRISSUR DISTRICT, PIN - 680582
BY SMT.SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.8458 of 2025 2
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BECHU KURIAN THOMAS, J.
......................................................
B.A.No.8458 of 2025
...................................................
Dated this the 16th day of July, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the 5th accused in Crime No.911 of 2024 of
Wadakkancherry Police Station, Thrissur, registered for the
offences punishable under Sections 20(b)(ii)(C) and 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity,
'NDPS Act'].
3. According to the prosecution, on 05.12.2024, the
accused were found in possession of 83.83 Kg. of ganja from two
bikes kept inside a pickup van in which the accused were travelling
and thereby committed the offences alleged. Petitioner was
arrested on 18.12.2024 and he has been in custody since then.
4. Heard Adv.Suneesh Kumar R., the learned Counsel for
the petitioner as well as Smt.Sreeja V., the learned Public
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Prosecutor.
5. The learned counsel for the petitioner submitted that
the petitioner has been in custody since 18.12.2024. 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
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.
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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
information of the grounds for arrest must be provided to the
arrested person in such a manner that sufficient knowledge of the
basic facts confuting the grounds imparted and communicate 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. In the instant case, on a perusal of the case diary, it is
noticed that though the arrest memo and the inspection memo
refer to the provisions of law under which petitioner has been
arrested, there is nothing to indicate that the grounds for arrest
were communicated to the petitioner or his relatives. In the
absence of any material to indicate that the grounds for arrest
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were communicated to the petitioner, his arrest stands vitiated.
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.
In case of violation of any of the above conditions or if any
modification or deletion of the conditions are required, the
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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/16/07/2025
2025:KER:52639
APPENDIX OF BAIL APPL. 8458/2025
PETITIONER ANNEXURES
Annexure-A1 TRUE COPY OF THE FIR IN CRIME NO.
911/2024 OF THE WADAKKANCHERRY POLICE
STATION, THRISSUR DISTRICT DATED
6.12.2024.
Annexure-A2 TRUE COPY OF THE JUDGMENT IN STATE OF
RAJASTHAN V. JAG RAJ SINGH @ HANSA,
REPORTED IN AIR 2016 SC 3041.
Annexure-A3 TRUE COPY OF THE ORDER DATED 24.01.2025
IN CRL.M.P NO. 418/2025 OF THE HON'BLE
SESSIONS JUDGE, THRISSUR.
Annexure-A4 TRUE COPY OF THE ORDER DATED 18.02.2025
IN CRL.M.P NO. 655/2025 OF THE HON'BLE
ADDITIONAL SESSIONS JUDGE-III, THRISSUR.
Annexure-A5 TRUE COPY OF THE ORDER DATED 09.05.2025
IN CRL.M.P NO. 2077/2025 OF THE HON'BLE
ADDITIONAL SESSIONS JUDGE-III, THRISSUR.
Annexure-A6 TRUE COPY OF THE ORDER DATED 14.03.2025
IN B.A.NO.3089/2025 BEFORE THIS HON'BLE
COURT.
