[Cites 9, Cited by 0]
Kerala High Court
Haritha Narayanan vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7203
1
BAIL APPL. NO. 13493 OF 2025
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. 13493 OF 2025
CRIME NO.1292/2025 OF TOWN WEST POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.3:
HARITHA NARAYANAN
AGED 26 YEARS
W/O. SAJITH K S, KARANIPPURAM HOUSE,
PALAYAMPARAMBU P O, VAINTHALA,
CHALAKUDY, THRISSUR DISTRICT, PIN - 680741
BY ADVS.
SRI.A.C.DEVY
SRI.A.M.ABDULLA
SRI.K.R.RAMISH
SHRI.SANTHOSH G. THOMAS
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN - 682031
2 STATION HOUSE OFFICER
TOWN WEST POLICE STATION,
THRISSUR, PIN - 682018
2026:KER:7203
2
BAIL APPL. NO. 13493 OF 2025
OTHER PRESENT:
SRI.M.C. ASHI, 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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3
BAIL APPL. NO. 13493 OF 2025
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 1292 of
2025 of Town West Police Station, Thrissur District. The offences
alleged are punishable under Sections 22(c) and 29 of Narcotic
Drugs And Psychotropic Substances Act, 1985 (for short, 'NDPS
Act').
3. The prosecution case, in short, is that on 27.08.2025, at
3.40 hours, the accused were found in possession of 114.610 grams
of MDMA in contravention of the NDPS Act and Rules and thereby
committed the offences.
4. I have heard Sri.A.C.Devy, 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 28.08.2025 and the grounds of
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BAIL APPL. NO. 13493 OF 2025
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 records show that
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BAIL APPL. NO. 13493 OF 2025
the grounds of arrest have been communicated to the arrestee, but
they were not communicated to the near relatives in writing. The
intimation regarding the arrest was given to the relative over
phone that too without referring to the quantity of the contraband
seized. 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, the arrest stands
vitiated and she is entitled to be released on bail.
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BAIL APPL. NO. 13493 OF 2025
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
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.
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BAIL APPL. NO. 13493 OF 2025
(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
AS
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BAIL APPL. NO. 13493 OF 2025
APPENDIX OF BAIL APPL. NO. 13493 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR NO. 1292/ 2025 DATED
28/08/2025
ANNEXURE A2 TRUE COPY OF REMAND REPORT DATED
28.08.2024 FILED BY THE RESPONDENT
ANNEXURE A3 TRUE COPY OF ARREST MEMO DATED 27.08.2025
OF THE PETITIONER
ANNEXURE A4 TRUE COPY OF INSPECTION MEMO DATED
27.08.2025 OF THE PETITIONER
ANNEXURE A5 TRUE COPY OF NOTICE U/S 47 AND 35(1) (B)
(II) OF BNSS, ISSUED TO THE PETITIONER
