Kerala High Court
Mahesh vs State Of Kerala on 29 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:72863
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
BAIL APPL. NO. 10732 OF 2025
CRIME NO.10/2021 OF VANDIPERIYAR EXCISE RANGE OFFICE,
IDUKKI AGAINST THE ORDER/JUDGMENT DATED 21.11.2023 IN BAIL
APPL. NO.8883 OF 2021 OF HIGH COURT OF KERALA
PETITIONER:
MAHESH.,
AGED 30 YEARS,
S/O MANI, PARATHANATHU HOUSE, SANTHIGRAM KARA,
ERATTAYAR VILLAGE,IDUKKI., PIN - 685 514.
BY ADVS.
SRI.BASIL CHANDY VAVACHAN
SRI.GEORGIE SIMON
SMT.CHARUTHA BHAIJU
SMT.CHANDHANA BHAIJU
SHRI.BASIL SAJAN
SMT.FATHIM NAVAS
SMT.KAVYA RANI JAYAPRAKASH
SMT.LEKSHMI PRIYA V.
SHRI.MUHAMMED SHUHAIB A.S.
SMT.RESHMA SUKUMARAN
SMT.AISWARYA JALIN
SHRI.BASIL SCARIA
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY, PIN - 682 031.
SRI. PRASANTH M.P., PP
Bail Appl. No.10732 of 2025
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.10732 of 2025
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BECHU KURIAN THOMAS., J
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Bail Appl. No.10732 of 2025
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Dated this the 29th 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.10 of 2021 of
Excise Range Office, Vandiperiyar, Idukki, registered for the offences
punishable under sections 29, 20(b)(ii)(C), 25 and 22(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (for short
'NDPS Act'), which is now pending as S.C.No.68 of 2021 on the files of
the Special Court for NDPS Act cases, Thodupuzha.
3. According to the prosecution on 26.02.2021, accused were
found in possession while transporting 1.1 Kilograms of Hashish oil
and 20.970 Kilograms of ganja in a car bearing Reg. No.KL-34-A-8388
and thereby committed the offences alleged. Petitioner was arrested
on 26.02.2021, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 26.02.2021. It was submitted that
the grounds for arrest were not communicated to the petitioner or his
relatives at the time of his arrest.
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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.
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
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and held that the grounds for arrest must be communicated.
9. On a perusal of the case diary, it is noticed that grounds
for arrest have not been communicated to the petitioner as
contemplated by law. However, the relatives of the petitioner have
been intimated the grounds for arrest in accordance with law.
However, since the arrestee has not been informed the grounds for
arrest, petitioner is entitled to be released on bail.
10. Petitioner has been in custody from 26.02.2021 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
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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
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APPENDIX OF BAIL APPL. 10732/2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF CRIME AND OCCURRENCE
REPORT IN CRIME NO. 10/2021 OF EXCISE
RANGE OFFICE, VANDIPERIYAR, IDUKKI
DISTRICT.
Annexure 2 THE TRUE COPY OF THE MEDICAL CERTIFICATE
OF THE PETITIONER'S FATHER
