Kerala High Court
Jesil vs State Of Kerala on 10 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:67037
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
BAIL APPL. NO. 10631 OF 2025
CRIME NO.973/2024 OF PUNALUR POLICE STATION, KOLLAM
PETITIONER/ACCUSED (A2):
JESIL
AGED 22 YEARS
S/O DILEEP,
FAIZAL MANZIL, MATHRAMUKKU,
PUNALUR VILLAGE,
KOLLAM DISTRICT, PIN - 691305
BY ADVS.
SRI.K.V.ANIL KUMAR
SMT.RADHIKA S.ANIL
SHRI.NITHISH R. PILLAI
SHRI.NIJAZ JALEEL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV. PRASANTH M.P.,
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.09.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:67037
B.A. No.10631 of 2025
-:2:-
BECHU KURIAN THOMAS, J.
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B.A. No.10631 of 2025
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Dated this the 10th day of September, 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. 973 of 2024
of Punalur Police Station, registered for the offences punishable under
Sections 111(2)(b), 114(4) and 238(b) of the Bharatiya Nyaya Sanhita,
2023.
3. According to the prosecution, on 11.07.2024, the detecting
officer seized 30.37 kilograms of ganja from the possession of accused
1 and 2, and the other accused also hatched a criminal conspiracy to
procure ganja and thereby committed the offences alleged. Petitioner
was arrested on 11.07.2024, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that
petitioner has been in custody since 11.07.2024. 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 grounds for arrest were communicated to the
2025:KER:67037
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
and Another [2025 SCC Online SC 269], 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 grounds must be
communicated to the arrested person effectively in the language which
he understands.
8. In a recent decision in Shahina vs. 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:67037
and held that the grounds for arrest must be communicated.
9. In the instant case, on a perusal of the records of
investigation, it is noticed that the grounds for arrest have not been
communicated to the petitioner since the arrest memo mentions only
the provisions of law, while the arrest intimation mentions only the
storing of ganja without reference to the quantity. Having regard to the
above circumstances, I am satisfied that grounds for arrest have not
been communicated to the petitioner.
10. Petitioner has been in custody from 11.07.2024 onwards.
Since the grounds for arrest were not communicated to the petitioner
soon after the arrest, petitioner is entitled to be released on bail.
11. 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.
2025:KER:67037
(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
jka/10.09.25.
2025:KER:67037
APPENDIX OF BAIL APPL. 10631/2025
PETITIONER'S ANNEXURES
Annexure-A A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 973 / 2024 OF PUNALUR POLICE STATION
Annexure-B A TRUE COPY OF THE ORDER DATED
15.05,2025 IN CRL.M.C. NO. 939 / 2025 OF
THE ADDL. SESSIONS COURT-V, KOLLAM
Annexure-C A TRUE COPY OF THE JUDGMENT DATED
18.06.2025 IN B.A. NO. 7280/2025
