Kerala High Court
Krishna Prasad vs State Of Kerala on 29 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:72895
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. 11898 OF 2025
CRIME NO.885/2024 OF PUDUKKAD POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1526 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR / III
ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY, THRISSUR.
PETITIONER:
KRISHNA PRASAD.,
AGED 48 YEARS,
S/O.LATE C.VASU, PUTHENPURA HOUSE, KADALAKURSI,
KANNADI P.O, PALAKKAD DISTRICT., PIN - 678 701.
BY ADV SRI.VIVEK VENUGOPAL
RESPONDENT:
STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI, PIN - 682 031.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.11898 of 2025
2025:KER:72895
-2-
BECHU KURIAN THOMAS., J
--------------------------------------
Bail Appl. No.11898 of 2025
------------------------------------
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 first accused in Crime No.885 of 2024 of
Pudukkad Police Station, Thrissur, 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 18.08.2024, accused
were found in possession while transporting 40.140 Kilograms of
Ganja in two cars bearing Reg. Nos.KL10-AA-7500 and KL-7-CE-4518
and thereby committed the offences alleged. Petitioner was arrested
on 18.08.2024, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 18.08.2024. It was also 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
2025:KER:72895
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
and held that the grounds for arrest must be communicated.
2025:KER:72895
9. On a perusal of the case diary, it is noticed that the
grounds for arrest have not been communicated to the petitioner in
accordance with law. In the arrest memo, there is no reference about
the grounds for arrest, but only the provisions of law have been
mentioned. Similarly, there is nothing to indicate that the grounds for
arrest have been communicated to a near relative. 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 18.08.2024 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.
2025:KER:72895
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:72895
APPENDIX OF BAIL APPL. 11898/2025
PETITIONER ANNEXURES
Annexure 1 TRUE PHOTOCOPY OF THE ORDER DATED
04.07.2025 IN B.A.NO.6366/2025
Annexure 2 TRUE PHOTOCOPY OF THE ORDER DATED
23.10.2024 IN CRL.MP.NO.6210/2024 PASSED
BY THE III ADDL. SESSIONS JUDGE, THRISSUR
Annexure 3 TRUE PHOTOCOPY OF THE ORDER DATED
06.12.2024 IN CRL.MP.NO.7303/2024 PASSED
BY THE III ADDL. SESSIONS JUDGE, THRISSUR
Annexure 4 TRUE PHOTOCOPY OF THE ORDER DATED
16.01.2025 IN CRL.MP.NO.46/2025 PASSED BY
THE IV ADDL. SESSIONS JUDGE, THRISSUR
Annexure 5 TRUE PHOTOCOPY OF THE ORDER DATED
28.07.2025 IN CRL.MP.NO.3658/2025 IN
SC.NO.1526/2024 PASSED BY THE IV ADDL.
SESSIONS JUDGE, THRISSUR
Annexure 6 TRUE PHOTOCOPY OF THE ORDER DATED
25.06.2025 IN CRL.MP.NO.3079/2025 PASSED
BY THE IV ADDL. SESSIONS JUDGE, THRISSUR
