Ramesh Kusulia vs State Of Kerala
2026 Latest Caselaw 1741 Ker

Citation : 2026 Latest Caselaw 1741 Ker
Judgement Date : 18 February, 2026

[Cites 7, Cited by 0]

Kerala High Court

Ramesh Kusulia vs State Of Kerala on 18 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                      2026:KER:14528


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

     WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026/29TH MAGHA, 1947

                    BAIL APPL. NO. 753 OF 2026

CRIME NO.1620/2024 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM

  AGAINST THE ORDER/JUDGMENT IN SC NO.533 OF 2025 OF ADDITIONAL

DISTRICT COURT & SESSIONS COURT - VIII/, ERNAKULAM / IV ADDITIONAL

         MACT/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM

PETITIONER/ACCUSED NO.3 (IN CUSTODY FROM 21.11.2024):

          RAMESH KUSULIA,
          AGED 35 YEARS, SON OF BIDESI KUSULIA,
          DANGA SORADA, MUNIGUDA, RAYAGADA, ODISHA STATE,
          PIN - 765020

          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




RESPONDENTS/STATE & COMPLAINANT:

    1     STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
          PIN - 682031
 BAIL APPL. NO. 753 OF 2026
                                    2
                                                            2026:KER:14528

     2      THE STATION HOUSE OFFICER,
            ERNAKULAM CENTRAL POLICE STATION,
            OLD RAILWAY STATION ROAD, KACHERIPADY,
            ERNAKULAM DISTRICT, PIN - 682018

            BY ADV.
            SRI.M.C. ASHI, SR. PP


     THIS   BAIL   APPLICATION   HAVING   COME   UP   FOR   ADMISSION   ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 753 OF 2026
                                      3
                                                             2026:KER:14528

                                   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.3 in

Crime No.1620/2024 of Ernakulam Central Police Station,

Ernakulam District. The offences alleged are punishable

under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs

and Psychotropic Substances Act, 1985 ('the Act' for short).

3. The prosecution case, in short, is that, on

31.10.2024 at about 12.45 p.m., the accused Nos.1 and 2

were found to have stored 24.320 Kgs of ganja, in room

No.107 of the hotel named 'NM Hotels' situated near South

Railway Station, Ernakulam for the purpose of sale.

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

21.11.2024 and the grounds of arrest were not

communicated in accordance with law at the time of his BAIL APPL. NO. 753 OF 2026

2026:KER:14528

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

records show that the grounds of arrest have been

communicated to the arrestee, but they were not

communicated to the near relatives. The Supreme Court in BAIL APPL. NO. 753 OF 2026

2026:KER:14528

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, 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.

BAIL APPL. NO. 753 OF 2026

2026:KER:14528

(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. 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