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Kerala High Court
Riyas P.R vs State Of Kerala on 26 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:26731
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948
BAIL APPL. NO. 1553 OF 2026
CRIME NO.449/2025 OF EDATHALA POLICE STATION, ERNAKULAM
AGAINST THE JUDGMENT DATED 02.12.2025 IN BAIL APPL. NO.14095
OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.3 (IN CUSTODY FROM 19.06.2025):
RIYAS P.R
AGED 40 YEARS
VALIYAPARAMBU HOUSE, H.NO.533, MATTANCHERY, KOCHI,
ERNAKULAM DISTRICT,, PIN - 682002.
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
2 THE STATION HOUSE OFFICER
EDATHALA POLICE STATION, EDATHALA P.O, ERNAKULAM
DISTRICT, PIN - 683561
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 1553 OF 2026 2
2026:KER:26731
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.449/2025 of Edathala Police Station, Ernakulam District. The
offences alleged are punishable under Sections 22(c), 29 and
20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (for short, the NDPS Act).
3. The prosecution case, in short, is that on
10.05.2025 at 04:15 p.m., the police seized 58.73 grams of MDMA
and 27 grams of ganja from room No.1004 of Royal Enclave near
Manali Mukku, Aluva East Village, which was occupied by accused
Nos.1 and 2. On investigation, it is revealed that accused Nos.1
and 2 purchased the same from the applicant and thereby
committed the offences.
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 19.06.2025 and the
grounds of arrest were not communicated in accordance with law
2026:KER:26731
at the time of his arrest. The learned 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 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
2026:KER:26731
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 this case, the
applicant was produced on production warrant. Hence, the
grounds of arrest need not be furnished to him. However, no
grounds of arrest were communicated to the relative of the
applicant.
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.
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(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 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
mea
2026:KER:26731
APPENDIX OF BAIL APPL. NO. 1553 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 449/2025 OF EDATHALA
POLICE STATION, ERNAKULAM DISTRICT
Annexure 4 TRUE COPY OF THE ORDER DATED 15.07.2025
IN CRL.M.C. NO.1947/2025 PASSED BY THE
COURT OF SESSIONS; ERNAKULAM
Annexure 5 TRUE COPY OF THE ORDER DATED 23.12.2025
IN CRL.M.P. NO.3067/2025 IN SC
NO.1513/2025 PASSED BY THE COURT OF THE
ADDITIONAL DISTRICT & SESSIONS JUDGE -
I, NORTH PARAVUR
Annexure 6 TRUE COPY OF THE ORDER DATED 10.02.2026
IN CRL.M.P. NO.04/2026 IN SC
NO.1513/2025 PASSED BY THE COURT OF THE
ADDITIONAL DISTRICT & SESSIONS JUDGE -
I, NORTH PARAVUR
