Kerala High Court
Reni vs State Of Kerala on 13 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:75635
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
BAIL APPL. NO. 12183 OF 2025
CRIME NO.10/2021 OF VANDIPERIYAR EXCISE RANGE OFFICE,
IDUKKI AGAINST THE ORDER/JUDGMENT DATED 05.07.2023 IN BAIL
APPL. NO.3885 OF 2023 OF HIGH COURT OF KERALA.
PETITIONER:
RENI.,
AGED 36 YEARS,
S/O. MANUEL, CHETTIKUZHIYIL HOUSE, VAZHAVARA,
8TH MILE KARA, THANKAMANI VILLAGE,
IDUKKI DISTRICT, PIN - 685 515.
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 THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN - 682 031.
2 THE EXCISE INSPECTOR.,
EXCISE RANGE OFFICE, VANDIPERIYAR,
VANDIPERIYAR P.O, IDUKKI DISTRICT,
PIN - 685 533.
Bail Appl. No.12183 of 2025
2025:KER:75635
-2-
SRI.PRASANTH M P (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.12183 of 2025
2025:KER:75635
-3-
BECHU KURIAN THOMAS., J
-------------------------------------
Bail Appl. No.12183 of 2025
------------------------------------
Dated this the 13th 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 first accused in Crime No.10 of 2021 of
Excise Range Office, Vandiperiyar, Idukki, which is now pending as
S.C.No.68 of 2021 on the files of Special Court for NDPS Act Cases,
Thodupuzha, registered for the offences punishable under sections
20(b)(ii)(C), 22(b), 25 and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution on 26.02.2021, accused were
found in possession while transporting 20.970 Kg of dried ganja and
1.100 Kg of hashish oil in a car bearing Reg. No.KL-34-A8388 and
thereby committed the offences alleged. Petitioner was arrested on
26.02.2021, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 26.02.2021. It was submitted that
the grounds for arrest were not communicated to the petitioner or his
relatives at the time of his arrest.
2025:KER:75635
5. 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.
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
[2025 SCC Online SC 269], it has been held that the requirement of
informing a person of grounds of 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 he understands.
8. 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
2025:KER:75635
and held that the grounds for arrest must be communicated.
9. On a perusal of the case diary, it is noticed that the
grounds for arrest have not been communicated as contemplated by
law. In the arrest memo issued to the arrestee, there is no reference
to any of the grounds for arresting him, while in the arrest intimation,
the details have been specifically incorporated. However, since the
arrestee has not been communicated the grounds for arrest, the
mandate under Article 22 has not been satisfied. Accordingly,
petitioner's continuance in custody is illegal.
10. Petitioner has been in custody from 26.02.2021 onwards.
Since the grounds for arrest were not communicated to the petitioner
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 personally be present on all posting dates
before the trial Court and 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.
2025:KER:75635
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:75635
APPENDIX OF BAIL APPL. 12183/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED 11.09.2025 IN
BA NO. 10082 OF 2025 PASSED BY THIS
HON'BLE COURT.
Annexure 2 TRUE COPY OF THE ORDER DATED 03.09.2021 IN
CRL.M.C. NO.110/2021 PASSED BY THE COURT
OF THE SPECIAL JUDGE FOR NDPS ACT CASES;
THODUPUZHA.
Annexure 3 TRUE COPY OF THE ORDER DATED 28.10.2021 IN
CRL.M.C. NO.141/2021 PASSED BY THE COURT
OF THE SPECIAL JUDGE FOR NDPS ACT CASES;
THODUPUZHA.
Annexure 4 TRUE COPY OF THE ORDER DATED 05.07.2023 IN
BAIL APPL.NO.3885 OF 2023 ON HIGH COURT.
Annexure 5 TRUE COPY OF THE ORDER DATED 21.11.2023 IN
BAIL APPL.NO.8883 OF 2021 ON HIGH COURT.
