Kerala High Court
Muhammed Jaisal vs State Of Kerala on 26 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:72148
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 26TH DAY OF SEPTEMBER 2025 / 4TH ASWINA, 1947
BAIL APPL. NO. 11779 OF 2025
CRIME NO.742/2024 OF KODUVALLY POLICE STATION,
KOZHIKODE AGAINST THE ORDER/JUDGMENT DATED 11.06.2025 IN BAIL
APPL. NO.7048 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
MUHAMMED JAISAL.,
AGED 33 YEARS,
S/O. ABDUL NASAR, PALAKUNNUMMAL HOUSE,
PORNGOTTUR, MANIPURAM P.O., KOZHIKODE DISTRICT,
PIN - 673 572.
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN - 682 031.
2 THE STATION HOUSE OFFICER.,
KODUVALLY POLICE STATION, KODUVALLY P.O,
Bail Appl. No.11779 of 2025
2025:KER:72148
-2-
KOZHIKODE DISTRICT, PIN - 673 572.
SMT. SREEJA V (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.11779 of 2025
2025:KER:72148
-3-
BECHU KURIAN THOMAS., J
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Bail Appl. No.11779 of 2025
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Dated this the 26th 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 first accused in Crime No.742 of 2024 of
Koduvally Police Station, Kozhikode, registered for the offences
punishable under sections 22(c) and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3. According to the prosecution on 14.11.2024, accused was
found in possession of 60.29 grams of MDMA and thereby committed
the offences alleged. Petitioner was arrested on 14.11.2024, and he
has been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 14.11.2024. 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:72148
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.
2025:KER:72148
9. On a perusal of the case diary, it is noticed that the
arrest memo issued to the petitioner does not contain any reference
to the grounds for arrest. Further, the arrest intimation given over
phone also does not indicate any communication of the grounds for
arrest. 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 14.11.2024
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
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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:72148
APPENDIX OF BAIL APPL. 11779/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 742/2024 OF KODUVALLY POLICE
STATION, KOZHIKODE DISTRICT.
Annexure 2 TRUE COPY OF THE ARREST MEMO OF THE
PETITIONER HEREIN IN CRIME NO. 742/2024
OF KODUVALLY POLICE STATION, KOZHIKODE
DISTRICT.
Annexure 3 TRUE COPY OF THE ORDER DATED 11.06.2025
IN BAIL APPL.NO.7048 OF 2025 ON HIGH
COURT.
