[Cites 5, Cited by 0]
Kerala High Court
Muhammed Shamnas vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7241
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
BAIL APPL. NO. 270 OF 2026
CRIME NO.600/2025 OF NADAPURAM POLICE STATION, KOZHIKODE
AGAINST THE ORDER DATED 03.11.2025 IN Bail Appl.
NO.12972 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
MUHAMMED SHAMNAS
AGED 32 YEARS
SHAMNAS MANZIL, KIZHUR KALANAD, CHANDRAGIRI P.O,
KASARGOD TALUK, KASARGOD DISTRICT, PIN - 671317
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SRI.ALWIN JOSEPH
SRI.BENSON AMBROSE
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 THE STATION HOUSE OFFICER
NADAPURAM POLICE STATION, NADAPURAM P.O,
KOZHIKODE DISTRICT, PIN - 673504
SMT.SREEJA V., SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 270 OF 2026
2
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 sole accused in Crime No.600/2025
of Nadapuram Police Station, Kozhikode District. The offences
alleged are punishable under Sections 309(4) and 238(b) of the
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case, in short, is that on 25.06.2025 at
09.50 a.m., the applicant, who came in a scooter along the
Kanjipuramukku-Mudavantheri road, had snatched away a gold
chain weighing 3½ sovereigns worn by the defacto complainant
and thereby committed the aforementioned offences.
4. I have heard Sri.P.Mohamed Sabah, the learned counsel
for the applicant and Smt.Sreeja V., 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 15.09.2025 and the
grounds of arrest were not communicated in accordance with law
at the time of his arrest. The learned Senior Public Prosecutor on
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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 this case, since the arrest of the applicant was
recorded on a production warrant, it is not necessary to furnish
the grounds of arrest to him. However, arrest intimation was not
given to the relatives of the applicant. 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
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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.
(ii) The applicant shall fully co-operate with the
investigation.
(iii) The applicant shall appear before the investigating
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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
NP
2026:KER:7241
BAIL APPL. NO. 270 OF 2026
APPENDIX OF BAIL APPL. NO. 270 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 600/2025 OF
NADAPURAM POLICE STATION, KOZHIKODE
DISTRICT
Annexure 3 TRUE COPY OF THE ORDER 30.12.2025
B.A.NO.14779/2025 PASSED BY THE HON'BLE
HIGH COURT OF KERALA
Annexure 4 TRUE COPY OF THE ORDER DATED 17.12.2025
IN CRL.M.C NO. 2014/2025 PASSED BY THE
COURT OF SESSIONS; KOZHIKODE DIVISION
