Kerala High Court
Hakkim K.P vs State Of Kerala on 11 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:67355
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF SEPTEMBER 2025 / 20TH BHADRA, 1947
BAIL APPL. NO. 9673 OF 2025
CRIME NO.42/2024 OF IRITTY EXCISE RANGE OFFICE,
KANNUR AGAINST THE ORDER/JUDGMENT DATED 01.08.2025 IN BAIL
APPL. NO.8992 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
HAKKIM K.P.,
AGED 46 YEARS,
S/O ABOOBACKER, KAITHOLPEEDIKAYIL HOUSE,
MENAPRAM BHAGAM, CHOKLY, THALASSERY,
KANNUR, PIN - 670 672.
BY ADVS.
SHRI.FRANCIS ASSISI
SMT.AMRUTHA P S
SHRI.AJEESH S.BRITE
SMT.MANJU LUCKOSE
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY, PIN - 682 031.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.9673 of 2025
2025:KER:67355
-2-
BECHU KURIAN THOMAS, J
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Bail Appl. No.9673 of 2025
------------------------------------
Dated this the 11th 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 accused in Crime No.42 of 2024 of Iritty
Excise Range Office, Kannur, 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 16.06.2024, the accused
was found in possession while transporting 60 Kg of ganja in a car
bearing Reg. No.KL-29-B-8889 and thereby committed the offences
alleged. Petitioner was arrested on 16.06.2024, and he has been in
custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 16.06.2024. 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
2025:KER:67355
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
and held that the grounds for arrest must be communicated.
9. On a perusal of the records of investigation, it is noticed
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that though the arrest memo specifically mentions the grounds for
arrest, the notice of intimation to a near relative does not specifically
refer to any grounds for arrest or the quantity of contraband seized.
Since the intimation to the near relatives does not mention the
grounds for arrest, I am of the view that the grounds for arrest have
not been effectively communicated as contemplated by law.
10. Petitioner has been in custody from 16.06.2024 onwards.
Since the grounds for arrest were not communicated to the petitioner
soon after the arrest, petitioner is entitled to be released on bail.
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.
(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
2025:KER:67355
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:67355
APPENDIX OF BAIL APPL. 9673/2025
PETITIONER ANNEXURES
Annexure-I A TRUE COPY OF ORDER DATED 09-12-2024 IN
BAIL APPL.9059/2024 OF THIS HON'BLE
COURT.
Annexure-II A TRUE COPY OF ORDER DATED 12-02-2025 IN
BAIL APPL.1280/2025 OF THIS HON'BLE
COURT.
Annexure-III A TRUE COPY OF ORDER DATED 29-04-2025 IN
BAIL APPL.5681/2025 OF THIS HON'BLE
COURT.
Annexure-IV A TRUE COPY OF THE ARREST MEMO DATED
19.06.2024.
Annexure-V A TRUE COPY OF THE ARREST INTIMATION
MEMO DATED 19.06.2024.
Annexure-VI A TRUE COPY OF ORDER DATED 16.07.2025 OF
SPECIAL COURT FOR (NDPS ACT CASES),
VATAKARA IN CRL.M.C NO.1227/2025.
Annexure-VII A TRUE COPY OF ORDER DATED 01-08-2025 IN
BAIL APPL.8992/2025 OF THIS HON'BLE
COURT.
