[Cites 10, Cited by 0]
Kerala High Court
Abdul Khader vs State Of Kerala on 2 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:8453
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
BAIL APPL. NO. 14360 OF 2025
CRIME NO.808/2025 OF BEKAL POLICE STATION, KASARGOD
PETITIONER/ACCUSED NO.2 (IN CUSTODY FROM 08.07.2025):
1 ABDUL KHADER
AGED 40 YEARS
ALAMPADY HOUSE, ERIYAPADY CHENGALA VILLAGE,
KASARAGOD DISTRICT, PIN - 671541
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
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682031
2 THE STATION HOUSE OFFICER
BAKEL POLICE STATION, BAKEL P.O, KASARGODE DISTRICT, PIN -
671318
BY ADV.SRI.M.C.ASHI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.14360 of 2025 2
2026:KER:8453
ORDER
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking regular bail.
2. The applicant is the accused No.2 in Crime
No.808/2025 of Bakel Police Station, Kasargod District. The
offences alleged are punishable under Sections 22 (c) and 29 of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS
Act, for short).
3. The prosecution case, in short, is that on
08.07.2025, at 10:40 p.m., the accused no. 1 and the applicant
were found in possession of 256.02 grams of MDMA in a vehicle
bearing registration no. KL-14T-3877 at Pulickal in Periya Village in
contravention of the provisions of the NDPS Act and thereby
committed the aforementioned offences.
4. I have heard Sri.P.Mohamed Sabah, the learned
counsel for the applicant and Sri.M.C.Ashi, the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted
that the applicant has been in custody since 08.07.2025 and the
grounds of arrest were not communicated in accordance with law
2026:KER:8453
at the time of his/her arrest. The learned Senior Public Prosecutor
on the other hand opposed the bail application and submitted that
the grounds of arrest were duly communicated.
6. Though prima facie there are materials on record
to connect the applicant with the crime, since the applicant has
raised a question of absence of communication of the grounds of
his arrest, let me consider the same.
7. It is now well settled that the requirement of
informing a person of the grounds for arrest is a mandatory
requirement of Art.22(1) of the Constitution and Section 47 of
BNSS and absence of the same would render the arrest illegal
(See. Pankaj Bansal v. Union of India and Others [(2024) 7
SCC 576], Prabir Purkayastha v. State (NCT of Delhi) [(2024)
8 SCC 254], Vihaan Kumar v. State of Haryana and Others
(2025 SCC OnLine SC 269] and Mihir Rajesh Shah v. State of
Maharashtra and Another (2025 SCC OnLine SC 2356).
8. In the instant case, a perusal of the record would
show that the grounds of arrest were properly communicated to
the arrestee, however in the arrest intimation given to the relative
of the applicant, the quantity of the contraband seized was not
communicated. The Supreme Court in Kasireddy Upender
Reddy v. State of Andhra Pradesh (2025 SCC OnLine SC 1228)
2026:KER:8453
has held that the grounds of arrest should not only be provided to
the arrestee but also to his family members and relatives so that
necessary arrangements are made to secure the release of the
person arrested at the earliest possible opportunity so as to make
the mandate of Art.22(1) meaningful and effective, failing which,
such arrest would be rendered illegal. A learned Single Judge of
this Court in Alvin Riby v. State of Kerala (2025 KER 67079)
following Kasireddy Upender Reddy (supra) held that failure to
communicate the grounds of arrest to the near relatives renders
the arrest illegal. Inasmuch as the intimation given to the
relatives of the applicant did not mention the quantity of the
contraband, there is non compliance of Section 48 of the BNSS
and hence, the arrest stands vitiated and he is entitled to be
released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only) with
two solvent sureties for the like sum each to the satisfaction of the
jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the
investigation.
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(iii) The applicant shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m. every
Saturday until further orders. He shall also appear before the
investigating officer as and when required.
(iv) The applicant shall not commit any offence of a
like nature while on bail.
(v) The applicant shall not attempt to contact any of
the prosecution witnesses, directly or through any other person,
or in any other way try to tamper with the evidence or influence
any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
the bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
2026:KER:8453
APPENDIX OF BAIL APPL. NO. 14360 OF 2025
PETITIONER'S ANNEXURES:
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO. 808/2025 OF BAKEL POLICE STATION,
KASARGODE DISTRICT
Annexure 2 TRUE COPY OF THE ORDER DATED 26.09.2025 IN
BA NO. 11782 OF 2025 PASSED BY THIS HON'BLE
COURT
Annexure 3 TRUE COPY OF THE ORDER DATED 26.09.2025 IN
BA NO. 11994 OF 2025 PASSED BY THIS HON'BLE
COURT
Annexure 4 TRUE COPY OF THE ORDER DATED 01.12.2025 IN
CRL.M.C. NO.1669/2025 PASSED BY THE COURT OF
SESSIONS; KASARGOD DIVISION
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
