[Cites 7, Cited by 0]
Kerala High Court
Muhammed Rashid vs State Of Kerala on 3 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.14773/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
BAIL APPL. NO. 14773 OF 2025
CRIME NO.699/2025 OF Walayar Police Station, Palakkad
PETITIONERS/ACCUSED 2 TO 4:
1 MUHAMMED RASHID, AGED 25 YEARS, S/O HAMEED
ARAKKUPARAMBAN HOUSE, NOCHULLY, PAYYANADAM POST,
MANNARKKAD, PALAKKAD DISTRICT, PIN - 678583
2 MUHAMMED SHIYAS. T, AGED 18 YEARS, S/O MUHAMMED
SHIYAS, POTTOOR HOUSE, MARUTHAMKADU COLONY,
NOCHULLY, PAYYANADAM POST, PALLIKKUNNU,
MANNARKKAD, PALAKKAD DISTRICT- 678583
3 SAHEER, AGED 23 YEARS, S/O ABOOBACKER ODALA HOUSE,
MARUTHAMKADU COLONY, NOCHULLY, PAYYANADAM POST,
KUMARAMPUTHUR, MANNARKAD, PALAKKAD DISTRICT,, PIN
- 678583
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, WALAYAR, WALAYAR P.O.
PALAKKAD DISTRICT,, PIN - 678624
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.14773/2025
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ORDER
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking regular bail.
2. The applicants are the accused Nos. 2 to 4 in
Crime No.699/2025 of Walayar Police Station, Palakkad District.
The offences alleged are punishable under Sections 20(b)(ii)(C),
8(c) read with 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The prosecution case, in short, is that on
25.8.2025 at abut 10.30 hours, near Walayar Narrow Bridge, the
applicants along with accused No.1 were found transporting 25.79
kgs of ganja in a Honda City car bearing registration No.KL-50-H-
2973 for the purpose of sale for which BMW car bearing
registration No. UP-16-AS3736 was escorting the above said car
from Coimbatore to Palakkad side and thereby they committed
the above said offences.
4. I have heard Sri. P. Mohamed Sabah, the learned
counsel for the applicants and Sri.M.C. Ashi, the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted
that the applicants have been in custody since 25.8.2025 and the
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grounds of arrest were not communicated in accordance with law
at the time of their 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 applicants with the crime, since the applicants
have raised a question of absence of communication of the
grounds of their 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, the perusal of the records
show that the grounds of arrest have been communicated to the
arrestees, but in the arrest intimation given to the near relatives,
there is no reference to the quantity of the contraband seized
from the applicants. The Supreme Court in Kasireddy Upender
Reddy v. State of Andhra Pradesh (2025 SCC OnLine SC 1228)
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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 grounds of arrest were not
communicated to the relatives of the applicants in accordance
with law, the arrest stands vitiated and they are entitled to be
released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicants shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only) each
with two solvent sureties for the like sum each to the satisfaction
of the jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the
investigation.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m. every
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Saturday until further orders. They shall also appear before the
investigating officer as and when required.
(iv) The applicants shall not commit any offence of a
like nature while on bail.
(v) The applicants 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 applicants 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
kp
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APPENDIX OF BAIL APPL. NO. 14773 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 699/2025 OF WALAYAR
POLICE STATION, PALAKKAD DISTRICT
Annexure 2 TRUE COPY OF THE JUDGMENT DATED
09.09.2025 IN B.A. NO.10487/2025
Annexure 3 TRUE COPY OF THE ORDER DATED 15.12.2025
IN CRL.M.P. NO.5249/2025 PASSED BY THE
COURT OF SESSIONS; PALAKKAD DIVISION
