Kerala High Court
Anoop vs State Of Kerala on 13 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
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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. 12239 OF 2025
CRIME NO.140/2024 OF KOTTIYAM POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 26.03.2024 IN CRMC NO.526 OF
2024 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY, KOLLAM.
PETITIONERS:
1 ANOOP.,
AGED 26 YEARS,
S/O. ANIL, V. S. BHAVAN, VANCHIMUKKU,
KOTTIYAM, KOLLAM -, PIN - 691 571.
2 RATHEESH.,
AGED 26 YEARS,
S/O.RAMACHANDRAN, SUDHEESH BHAVAN,
MINI COLONY, UMAYANALLOOR, THAZHUTHALA,
KOLLAM, PIN - 691 577.
BY ADVS.
SHRI.PRATHEESH.P
SMT.ANJANA KANNATH
SMT.SAFNA P.S.
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
PIN - 682 031.
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2 STATION HOUSE OFFICER.,
KOTTIYAM POLICE STATION, KOLLAM DISTRICT,
PIN - 691 571.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS., J
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Bail Appl. No.12239 of 2025
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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. Petitioners are accused Nos.1 and 3 in Crime No.140 of
2024 of Kottiyam Police Station, Kollam, registered for the offence
punishable under section 20(b)(ii)(C) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution, on 31.01.2024, accused
were found in possession of 20.620 Kg of Ganja for the purpose of
sale and thereby committed the offences alleged. Petitioners were
arrested on 31.01.2024, and they have been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 31.01.2024. It was submitted
that the grounds for arrest were not communicated to the petitioners
or their relatives at the time of their arrest.
5. The learned Public Prosecutor opposed the bail
application and submitted that the grounds for arrest were
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communicated to the petitioners at the time of their arrest. It was
also submitted that since the contraband seized from the petitioners
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 petitioners have raised
the question of absence of communication of the grounds for their
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 and held that the grounds for arrest must be
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communicated.
9. On a perusal of records of investigation, it is noticed
that the the arrest memo as well as the intimation of arrest do not
contain the grounds for arrest as far as both the petitioners are
concerned, and only the provisions of law under which they were
arrested are mentioned in the said documents. There is no reference
to the grounds for arrest at all. In such circumstances, I am satisfied
that the grounds for arrest have not been communicated to the
petitioners as contemplated by law.
10. Petitioners have been in custody from 31.01.2024
onwards. Since the grounds for arrest were not communicated to the
petitioners soon after the arrest, petitioners are entitled to be
released on bail.
In the result, this application is allowed on the following
conditions:-
(a) Petitioners shall be released on bail on them executing
a bond for Rs.1,00,000/- (Rupees One Lakh only) each with
two solvent sureties each for the like sum to the
satisfaction of the court having jurisdiction.
(b) Petitioners shall co-operate with the trial of the case.
(c) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they attempt to tamper with the
evidence.
(d) Petitioners shall not commit any similar offences while
they are on bail.
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(e) Petitioners 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
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APPENDIX OF BAIL APPL. 12239/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF ORDER DATED 26.03.2024 IN
CRL.M.C NO.526/2024 ON THE FILE OF
SESSIONS COURT, KOLLAM.
