Kerala High Court
Athul Krishna.K.A vs State Of Kerala on 9 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.12462 of 2025 1
2025:KER:74674
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
BAIL APPL. NO. 12462 OF 2025
CRIME NO.155/2025 OF Panangad Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 23.08.2025 IN Bail Appl.
NO.9757 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
ATHUL KRISHNA K.A., AGED 19 YEARS
S/O ANILKUMAR, THANNIKKAL HOUSE, THANNIKKAL LANE,
PERANDOOR ROAD, ELAMAKKARA, EDAPPALLY SOUTH
VILLAGE , ERNAKULAM DISTRICT, PIN - 682026
BY ADV SRI.K.SUNILKUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER,
PANANGAD REPRESENTED TROUGH THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY SRI.PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.12462 of 2025 2
2025:KER:74674
BECHU KURIAN THOMAS, J.
......................................................
B.A.No.12462 of 2025
...................................................
Dated this the 9th day of October, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.155 of 2025
of Panangad Police Station, Ernakulam, registered for the offences
punishable under Sections 22(c) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'].
3. According to the prosecution, on 24.04.2025, the
accused were found in possession of 0.217 grams of LSD stamp (8
Nos.) and thereby committed the offences alleged. Petitioner was
arrested on 12.05.2025 and he has been in custody since then.
4. Heard Sri..K.Sunilkumar, the learned Counsel for the
petitioner as well as Sri.Prasanth M.P., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
petitioner has been in custody from 12.05.2025. It was also
submitted that the grounds for arrest were not communicated to the
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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
information must be provided to the arrested person in such a
manner that sufficient knowledge of the basic facts constituting the
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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 case diary, it is noticed that
petitioner was arrested pursuant to production warrant, as he was
already in custody in connection with another crime. However, it is
noticed that the near relative of the petitioner was not been
informed of the grounds for arrest. Apart from petitioner having
been arrested on the basis of the production warrant, separate
grounds for arrest were also served upon him. Since intimating
petitioner's near relative of the grounds for arrest is also a
constitutional mandate, petitioner's arrest stands vitiated and he is
entitled to be released.
11. The learned Public Prosecutor submitted that petitioner
was taken into custody on 12.05.2025 and he is presently lodged at
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the Borstal School, Kakkanad.
Accordingly, the Superintendent of Borstal School,
Kakkanad, where the petitioner is lodged, is directed to release him
forthwith. Ordered accordingly.
The bail application is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
sp/09/10/2025
2025:KER:74674
APPENDIX OF BAIL APPL. 12462/2025
PETITIONER ANNEXURES
Annexure-A1 TRUE COPY OF THE ORDER DATED 17.06.2025 IN
CRL.M.C.NO. 1661/2025 ON THE FILE OF
HON'BLE SESSIONS COURT, ERNAKULAM.
Annexure-A2 TRUE COPY OF THE COMMON ORDER DATED
29.07.2025 IN CRL.M.C.NO. 2084/2025 AND
CRL.M.C.NO.2040/2025 ON THE FILE OF
HON'BLE SESSIONS COURT, ERNAKULAM.
Annexure-A3 TRUE COPY OF THE ORDER DATED 23.08.2025 IN
B.A.NO.9757/2025.
