[Cites 7, Cited by 0]
Kerala High Court
Sneha.E vs State Of Kerala on 11 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:12388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026/22ND MAGHA, 1947
BAIL APPL. NO. 14683 OF 2025
CRIME NO.48/2025 OF KANNUR E.E, KANNUR
PETITIONER/ACCUSED NO.2:
SNEHA.E
AGED 25 YEARS, D/O RADHAKRISHNAN,
CHELLATTAN HOUSE AZHIKODE NORTH, AZHIKODE.P.O
KANNUR DISTRICT, PIN - 670308
BY ADVS.
SRI.P.S.BINU
SRI.ZUBAIR PULIKKOOL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV.
SRI.MC. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 14683 OF 2025
2
2026:KER:12388
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.48/2025 of E.E & A.N.S.S, Kannur District. The
offences alleged are punishable under Sections 22(c), 20(b)
(ii)(A) and 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The prosecution case, in short, is that at
about 19.20 hours on 24.06.2025, the applicant along with
the accused No.1 were found in conscious possession of
273.857 grams of methamphetamine and 12.446 grams of
hashish oil during their personal search and the search of
scooter and the bed room of the accused and thereby the
accused committed the above offences.
4. I have heard Sri. P.S.Binu, 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
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24.06.2025 and the grounds of arrest were not
communicated in accordance with law at the time of 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, the perusal of the
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records show that the grounds of arrest as well as the
quantity seized from the applicant were communicated to
the arrestee, however, in the arrest intimation given to the
relative of the arrestee, the quantity has not been
mentioned. The Supreme Court in Kasireddy Upender
Reddy v. State of Andhra Pradesh (2025 SCC OnLine
SC 1228) 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 applicant in accordance with law, the arrest stands
vitiated and she is entitled to be released on bail.
In the result, the application is allowed on the
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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.
(iii) The applicant shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m.
every Saturday until further orders. She 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
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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
ARK
BAIL APPL. NO. 14683 OF 2025
2026:KER:12388
APPENDIX OF BAIL APPL. NO. 14683 OF 2025
PETITIONER ANNEXURES
ANNEXURE I COPY OF THE ORDER IN CRL.M.P NO.2066/2025 ON
THE FILES OF THE SPECIAL JUDGE (NDPS ACT
CASES), VATAKARA DATED 01.12.2025
