Kerala High Court
Vishnu Vijayan vs State Of Kerala on 15 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:68193
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
BAIL APPL. NO. 9956 OF 2025
CRIME NO.1665/2023 OF ANCHAL POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 15.01.2025 IN BAIL APPL.
NO.8039 OF 2024 OF HIGH COURT OF KERALA.
PETITIONER:
VISHNU VIJAYAN.,
AGED 25 YEARS,
S/O. VIJAYAKUMAR, PADIKKAL HOUSE, KADAMUKKU,
NARANGANAM P. O., KOZHENCHERRY VILLAGE,
PATHANAMTHITTA, PIN - 689 642.
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.P.RAJKUMAR
SRI.KESHAVRAJ NAIR
SHRI.BIJU VIGNESWAR
SHRI.ARUN POOMULLI
SHRI.ABHIRAM.S.
SMT.GAADHA SURESH
SRI.T.K.BABU
SHRI.VISWANATH JAYAN
SMT.AKHILA RADHAKRISHNAN
SMT.SARIGA RAMACHANDRAN M.
SHRI.AKSHAY SHIBU
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR
Bail Appl. No.9956 of 2025
2025:KER:68193
-2-
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 STATION HOUSE OFFICER,
ANCHAL POLICE STATION, KOLLAM,
PIN - 691 306.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.9956 of 2025
2025:KER:68193
-3-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.9956 of 2025
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Dated this the 15th 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.1665 of
2023 of Anchal Police Station, Kollam, registered for the offences
punishable under sections 22(c), 20(b)(ii)(A) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution, on 26.12.2023, the first
accused was found to be in possession of 10 LSD stamps weighing
0.19 grams and 4.67 grams of ganja from his residence. During the
course of investigation, it was revealed that accused Nos.2 and 3,
were also involved in the case, as they had financed the procurement
of the contraband and thereby committed the offences alleged.
Petitioner was roped in as an accused since he is alleged to have
supplied the contraband articles to the first accused. Petitioner was
arrested on 16.01.2024, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 16.01.2024. It was submitted
2025:KER:68193
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 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.
2025:KER:68193
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 case diary, it is noticed that the
grounds for arrest have not been communicated to the petitioner.
Only the provisions of law under which the petitioner has been
arrested were mentioned in the arrest memo. Further, intimation of
the arrest was given to a relative as is evident from the remand
report. However, there is nothing to indicate that the grounds for
arrest were communicated to that relative also. In such
circumstances, I am satisfied that the grounds for arrest have not
been communicated as contemplated by law.
10. Petitioner has been in custody from 16.01.2024
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.
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(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
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:68193
APPENDIX OF BAIL APPL. 9956/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT DATED
11.06.2024 IN CRIME NO. 1665 OF 2023 OF
THE ANCHAL POLICE STATION.
Annexure A2 TRUE COPY OF THE ORDER DATED 17.02.2024
IN CRL. M. C. NO. 264 OF 2024 PASSED BY
THE LEARNED PRINCIPAL SESSIONS COURT,
KOLLAM.
Annexure A3 TRUE COPY OF THE ORDER DATED 07.03.2024
IN CRL. M. C. NO. 385 OF 2024 PASSED BY
THE LEARNED PRINCIPAL SESSIONS COURT,
KOLLAM.
Annexure A4 TRUE COPY OF THE ORDER DATED 12.06.2024
INN B.A.NO.2490 OF 2024 PASSED BY THIS
HON'BLE COURT.
Annexure A5 TRUE COPY OF THE ORDER DATED 04.07.2024
IN CRL. M. C. NO. 1204/ 2024 PASSED BY
THE LEARNED PRINCIPAL SESSIONS COURT,
KOLLAM.
Annexure A6 TRUE COPY OF THE ORDER DATED 12.08.2024
IN CRL. M. P. NO. 1374 OF 2024 IN S. C.
NO. 741 / 2024 PASSED BY THE LEARNED
ADDL. DISTRICT AND SESSIONS COURT - VI,
KOLLAM.
Annexure A7 TRUE COPY OF THE ORDER DAETD 15.01.2025
IN B.A.NO.8039 OF 2024 PASSED BY THIS
HON'BLE COURT.
Annexure A8 TRUE COPY OF THE ORDER DATED 03.07.2024
IN CRL. M. P. NO. 1026 OF 2025 IN S. C.
NO. 741 / 2024 PASSED BY THE LEARNED
ADDL. DISTRICT AND SESSIONS COURT - VI,
KOLLAM.
