[Cites 5, Cited by 0]
Kerala High Court
Muhammed Shamnaz vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7237
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. 14546 OF 2025
CRIME NO.610/2025 OF NEW MAHE POLICE STATION, KANNUR
PETITIONER/ACCUSED:
MUHAMMED SHAMNAZ
AGED 31 YEARS
SHAMNAZ MANZIL, KIZHUR KALANAD, 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
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
NEW MAHE POLICE STATION, NEW MAHE P.O,
KANNUR DISTRICT, PIN - 670671
SRI.K.A.NOUSHAD, 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. 14546 OF 2025
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.610/2025
of New Mahe Police Station, Kannur District. The offence alleged is
punishable under Section 309(4) of the Bharatiya Nyaya Sanhita,
2023 (for short 'BNS').
3. The prosecution case, in short, is that on 05.08.2025 at
12 p.m., while the defacto complainant was walking through the
road towards her brother's house, the applicant came on a scooter
and snatched her gold chain of 3 sovereigns from her neck near
Oniyan School Balavadi at Kodiyeri. Thereby, the applicant has
committed the above offence.
4. I have heard Sri.P.Mohamed Sabah, the learned counsel
for the applicant and Sri.K.A.Noushad, 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 09.08.2025 and the
grounds of arrest were not communicated in accordance with law
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BAIL APPL. NO. 14546 OF 2025
at the time of his 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.
However, in the arrest intimation given to the wife of the
applicant, there is no reference to the grounds of arrest. The
Supreme Court in Kasireddy Upender Reddy v. State of
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BAIL APPL. NO. 14546 OF 2025
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 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
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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 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:7237
BAIL APPL. NO. 14546 OF 2025
APPENDIX OF BAIL APPL. NO. 14546 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 610/2025 OF NEW MAHE
POLICE STATION, KANNUR DISTRICT
Annexure 2 TRUE COPY OF THE ORDER DATED 04.12.2025
IN CRL.M.C NO. 1790/2025 PASSED BY THE
COURT OF SESSIONS; THALASSERY
Annexure 3 TRUE COPY OF THE ORDER DATED 09.09.2025
IN CMP NO. 2908/2025 PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT;
THALASSERY
