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Kerala High Court
Sayoonsams vs State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7862
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 30TH DAY OF JANUARY 2026/10TH MAGHA, 1947
BAIL APPL. NO. 14593 OF 2025
CRIME NO.699/2025 OF WALAYAR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 10.12.2025 IN CRMC NO.5222 OF
2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE
AUTHORITY, PALAKKAD
PETITIONER/ACCUSED NO.1:
SAYOONSAMS,
AGED 22 YEARS, SON OF SHAMEER,
POOTHRATHODI, MANNARKAD, PALAKKAD,
PIN - 678582
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SMT.DIPA V.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
SHRI.MAHESWAR PADICKAL
SHRI.T.P.ARAVIND
SMT.AKSHARA S.
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031. (CRIME NO
699/2025 OF WALAYAR POLICE STATION, PALAKAKD DISTRICT)
BAIL APPL. NO. 14593 OF 2025
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BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 14593 OF 2025
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ORDER
Dated this the 30th day of January, 2026
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.1 in
Crime No.699/2025 of Walayar Police Station, Palakkad
District. The offences alleged are punishable under
Sections 20(b)(ii)(C), 8(c) and 29 of the Narcotic Drugs and
Psychotropic Substances Act.
3. The prosecution case, in short, is that on
25.08.2025 at about 10:30 hours, near Walayar Narrow
Bridge, the accused Nos.1 to 4 were found transporting
25.79 kgs of ganja in a Honda City car bearing registration
No.KL-50-H-2973 for the purpose of sale for which BMW car
bearing registration No.UP-16-AS-3736 was escorting the
above said car from Coimbatore to Palakkad side. Thereby,
they committed the above-mentioned offences.
4. I have heard Sri. S.Rajeev, the learned
counsel for the applicant and Sri. M.C.Ashi, the learned
Senior Public Prosecutor. Perused the case diary.
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5. The learned counsel for the applicant
submitted that the applicant has been in custody since
26.08.2025 and the grounds of arrest were not
communicated in accordance with law at the time of his
arrest. The learned Senior Public Prosecutor on 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
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and Another (2025 SCC OnLine SC 2356).
8. In this case, the perusal of the records
show that the grounds of arrest have been properly
communicated to the arrestee, but in the arrest intimation
given to the near relatives, there is no reference to the
quantity of the contraband seized from 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 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 properly communicated to the
relatives of the applicant, the arrest stands vitiated and he
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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 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
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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
ARK
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APPENDIX OF BAIL APPL. NO. 14593 OF 2025
PETITIONER ANNEXURES
ANNEXURE I A COPY OF THE FIR AND FIS IN CRIME NO
699/2025 DATED 25.08.2025
ANNEXURE II A COPY OF THE ORDER PASSED BY THE COURT OF
SESSIONS, PALAKKAD IN CRL MC NO 5222/2025
DATED 10.12.2025
