Kerala High Court
Vinu Paul vs State Of Kerala on 16 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:68621
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 16TH DAY OF SEPTEMBER 2025 / 25TH BHADRA, 1947
BAIL APPL. NO. 11024 OF 2025
CRIME NO.487/2024 OF KODAKARA POLICE STATION,
THRISSUR AGAINST THE ORDER/JUDGMENT DATED 19.07.2025 IN SC
NO.1519 OF 2024 OF ADDITIONAL SESSIONS COURT(ADHOC) III,
THRISSUR.
PETITIONER:
VINU PAUL.,
AGED 30 YEARS,
S/ O. PAUL, INJIPARAMBAN HOUSE, ANGAMALY,
ERNAKULAM DISTRICT , P.O PULIYANAM,
PIN - 683 572.
BY ADVS.
SHRI.REBIN VINCENT GRALAN
SHRI.DINESH G WARRIER
SRI.VIMAL VIJAY
SMT.UMA S. NAIR
SMT.LIZBA VINCENT GRALAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATE OF KERALA,
KODAKARA POLICE STATION, THRISSUR RURAL DISTRICT,
KERALA STATE, PIN - 680 684.
SRI. NOUSHAD K. A. (PP)
Bail Appl. No.11024 of 2025
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.11024 of 2025
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BECHU KURIAN THOMAS, J
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Bail Appl. No.11024 of 2025
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Dated this the 16th 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 third accused in Crime No.487 of 2024
of Kodakara Police Station, Thrissur, registered for the offences
punishable under sections 20(b)(ii)(C) and 29 of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution on 25.05.2024, the accused
was found in possession while transporting 87.960 Kg of Ganja in a
vehicle bearing Reg. No.KL-07-BR-7714 and thereby committed the
offences alleged. Petitioner was arrested on 16.12.2024, and he has
been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 16.12.2024. 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
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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
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Act and held that the grounds for arrest must be communicated.
9. On a perusal of the case diary, it is noticed that the
arrest memo, as well as the arrest intimation, refer only to the
provision of law under which the petitioner has been arrested. There
is no reference to any grounds for his arrest. Therefore, I am
satisfied that the grounds for arrest have not been communicated to
the petitioner as contemplated by law.
10. Petitioner has been in custody from 16.12.2024
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.
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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:68621
APPENDIX OF BAIL APPL. 11024/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 487 OF 2024 OF
KODAKARA POLICE STATION DT. 25.05.2024.
Annexure A2 A TRUE COPY OF THE ORDER IN CRL M P NO.
3691 OF 2025 IN CRIME NO. 487 OF 2024 BY
THE ADDITIONAL COURT OF SESSIONS,
THRISSUR DT 19.07.2025.
