Kerala High Court
Sandeep V.K vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:54986
BAIL APPL. NO. 8684 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8684 OF 2025
CRIME NO.376/2024 OF MARADU POLICE STATION, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 18.11.2024 IN Bail
Appl. NO.5724 OF 2024 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.3 (IN CUSTODY FROM 03.03.2024):
SANDEEP V.K
AGED 34 YEARS
S/O KARUNAKARAN, VETTIPARAMBIL HOUSE, EDAYKKUNAM,
CHERANELLOOR, ERNAKULAM DISTRICT, PIN - 683544
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 PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
MARADU POLICE STATION, ERNAKULAM DISTRICT,
PIN - 682304
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 8684 OF 2025
2
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8684 of 2025
...................................................
Dated this the 25th 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 3rd accused in Crime No.376
of 2024 of Maradu Police Station, Ernakulam, registered for
the offences punishable under Sections 22(c), 20(b)(ii)(A)
and 29 of the Narcotic Drugs and Psychotropic Substances
Act, 1985, apart from Section 6(b) r/w Section 24 of the
Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act, 2003.
3. According to the prosecution, accused Nos.
1 to 6 hatched a conspiracy to procure narcotic drugs and
the first accused was found by the Detecting Officer after
being intercepted at Maradu, Ernakulam, to be carrying
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BAIL APPL. NO. 8684 OF 2025
101.09 grams of MDMA in the car he was travelling.
Petitioner had financed the purchase of contraband. Thus,
the accused have committed the above offences. Petitioner
was arrested on 03.03.2024, and he has been in custody
since then.
4. Heard Sri. P. Mohamed Sabah the learned
counsel for the petitioners, as well as Sri. M. P. Prasanth,
the learned Public Prosecutor.
5. According to the learned counsel for the
petitioner, though petitioner was arrested on 03.03.2024, till
date, the grounds for arrest have not been communicated,
and hence, the arrest itself is vitiated and the petitioner
ought to be released on bail.
6. The learned Public Prosecutor, on a perusal
of the case diary, submitted that, though petitioner is
alleged to have committed a very serious offence and there
are materials to connect the petitioner with crime, the
grounds for arrest as contemplated by law have not been
communicated. It was also submitted that in the arrest
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BAIL APPL. NO. 8684 OF 2025
memo issued to the petitioner, only the provisions of the Act
alone have been mentioned.
7. On a consideration of the rival contentions,
it is noticed that in the decision in Vihaan Kumar v. State
of Haryana and Another [2024 SCC OnLine SC 4702], the
Supreme Court has categorically observed that the grounds
for arrest have to be mandatorily intimated to the accused
as well as the relatives, which is a constitutional as well as
statutory right. It has also been observed that if the grounds
for arrest have not been communicated as contemplated by
law, the accused is entitled to be released on bail forthwith.
8. Since it is conceded that the grounds for
arrest have not been communicated, petitioner's arrest is
illegal, and hence, he is entitled to be released on bail.
9. 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
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BAIL APPL. NO. 8684 OF 2025
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 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 the law, notwithstanding the bail having
been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
nak
2025:KER:54986
BAIL APPL. NO. 8684 OF 2025
APPENDIX OF BAIL APPL. 8684/2025
PETITIONER ANNEXURES
Annexure 3 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 376 OF 2024 OF
MARADU POLICE STATION, ERNAKULAM
DISTRICT
Annexure 4 TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 376 OF 2024 OF MARADU POLICE
STATION, ERNAKULAM DISTRICT
Annexure 5 TRUE COPY OF THE ORDER DATED 08.11.2024
IN B.A. NO. 6026/2024 PASSED BY THIS
HONOURABLE COURT, GRANTING BAIL TO THE
ACCUSED NO.2
Annexure 6 TRUE COPY OF THE ORDER DATED 01.04.2025
IN B.A. NO. 3825/2025 PASSED BY THIS
HONOURABLE COURT, GRANTING BAIL TO THE
ACCUSED NO.4
Annexure 7 TRUE COPY OF THE ORDER DATED 07.03.2025
IN B.A. NO. 10086/2024 PASSED BY THIS
HONOURABLE COURT
Annexure 8 TRUE COPY OF THE ORDER DATED 08.11.2024
IN B.A. NO. 5055/2024 PASSED BY THIS
HONOURABLE COURT
Annexure 9 TRUE COPY OF THE ORDER DATED 03.03.2025
IN B.A. NO. 6599/2024 PASSED BY THIS
HONOURABLE COURT
Annexure 10 TRUE COPY OF THE ORDER DATED 27.06.2024
IN B.A. NO. 4209/2024 PASSED BY THIS
HONOURABLE COURT
