Kerala High Court
Mansoor N.P vs State Of Kerala on 14 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:51572
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
BAIL APPL. NO. 8050 OF 2025
CRIME NO.646/2024 OF IRITTY POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN BAIL APPL.
NO.10366 OF 2024 OF HIGH COURT OF KERALA.
PETITIONER:
MANSOOR N.P,
AGED 36 YEARS,
S/O ABDUL RAHIMAN, MEETHALEPATH HOUSE,
NJATTUVAYAL, THALIPARAMBA, KANNUR DISTRICT,
PIN - 670 141.
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 PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 THE STATION HOUSE OFFICER,
IRITTY POLICE STATION, IRITTY P.O, KANNUR
DISTRICT, PIN - 670 703.
Bail Appl. No.8050 of 2025
2025:KER:51572
-2-
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8050 of 2025
2025:KER:51572
-3-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.8050 of 2025
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Dated this the 14th 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 accused in Crime No.646 of 2024 of
Iritty Police Station, Kannur, registered for the offence punishable
under section 22(c) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution, on 16.08.2024, the accused
was found to be in possession of 53.239 grams of methamphetamine
and thereby he committed the offences alleged. Petitioner was
arrested on 16.08.2024 and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 16.08.2024. 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 petitioner tried to evade arrest by
fleeing from the scene where he was found in possession of the
2025:KER:51572
contraband. While fleeing from the scene, the petitioner met with an
accident by tripping and falling down and injuring himself and
thereafter, he was taken to the hospital from where the arrest was
recorded and Section 50 of the NDPS Act was complied with at the
hospital.
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 (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.
8. In a recent decision 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
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Act and held that the grounds for arrest must be communicated.
9. In the instant case, on a perusal of the case diary which
was handed over by the learned Public Prosecutor, there is nothing
to indicate that the grounds for arrest were communicated to the
petitioner. Though an arrest intimation memo is noticed, the same
does not convey any grounds for arrest. The inspection memo and
the arrest memo merely mention the provision under which the
petitioner was arrested. There is no reference to any ground for
arrest and there is no indication that the petitioner was arrested for
possession of contraband.
10. Petitioner has been in custody from 16.08.2024 onwards.
Since the grounds for arrest was not communicated to the petitioner
as 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.
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(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
ADS
2025:KER:51572
APPENDIX OF BAIL APPL. 8050/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED 17.12.2024
IN BAIL APPL. NO.10366 OF 2024 ON HIGH
COURT.
Annexure 2 TRUE COPY OF THE ORDER DATED 07.04.2025
IN BAIL APPL.NO.4462 OF 2025 ON HIGH
COURT.
Annexure 3 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 646 OF 2024 OF
IRITTY POLICE STATION, KANNUR DISTRICT.
Annexure 4 TRUE COPY OF THE SEIZURE MAHAZAR IN
CRIME NO. 646 OF 2024 OF IRITTY POLICE
STATION, KANNUR DISTRICT.
