Kerala High Court
Abhinav P.N vs State Of Kerala on 23 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:64322
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
BAIL APPL. NO. 9916 OF 2025
CRIME NO.56/2025 OF KUNNAMANGALAM POLICE STATION,
KOZHIKODE AGAINST THE ORDER/JUDGMENT DATED 25.04.2025 IN BAIL
APPL. NO.5439 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
ABHINAV P.N.,
AGED 24 YEARS,
S/O. KAMALAKARAN, SHIVAGANGA HOUSE,
UMMALATHUR, P.O. VELLIPARAMBA,
KOZHIKKODE DISTRICT, PIN - 673 008.
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:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN - 682 031.
2 THE STATION HOUSE OFFICER,
KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM P.O,
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KOZHIKODE DISTRICT, PIN - 673 571.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.9916 of 2025
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Dated this the 23rd day of August, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).
2. Petitioner is the second accused in Crime No.56 of 2024
of Kunnamangalam Police Station, Kozhikode, registered for the
offences punishable under sections 22(c) and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act‘).
3. According to the prosecution on 21.01.2025, the accused
were found in possession of 221.89 grams of MDMA for the purpose
of sale and thereby committed the offences alleged. Petitioner was
arrested on 21.01.2025, and he has been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioner has been in custody since 21.01.2025. It was submitted
that the grounds for arrest were not communicated to the petitioner
or his relatives at the time of his arrest.
5. The learned Public Prosecutor opposed the bail
application and submitted that the grounds for arrest were
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communicated to the petitioner at the time of his arrest. It was also
submitted that since the contraband seized from the petitioner was a
commercial quantity, the rigour under Section 37 of NDPS Act will
apply and hence petitioner ought not to be released on bail.
6. Though prima facie there are materials on record to
connect the petitioner with the crime, since petitioner has raised the
question of absence of communication of the grounds for his arrest,
this Court is obliged to consider the said issue.
7. In the decisions in Pankaj Bansal v. Union of India
and Others, [(2024) 7 SCC 576], Prabir Purkayastha v. State
(NCT of Delhi) [(2024) 8 SCC 254] and Vihaan Kumar v. State of
Haryana [2025 SCC Online SC 269], it has been held that the
requirement of informing a person of grounds of arrest is a
mandatory requirement of Article 22(1) and also that the said
information must be provided to the arrested person in such a
manner that sufficient knowledge of the basic facts constituting the
grounds must be communicated to the arrested person effectively in
the language which he understands.
8. In a recent decision in Shahina v. State of Kerala
(2025 KHC Online 706), this Court has also considered the impact of
the aforesaid principles in relation to offences alleged under the
NDPS Act and held that the grounds for arrest must be
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communicated.
9. On a perusal of the record of investigation, it is noticed
that the grounds for arrest have not been communicated to the
petitioner. The arrest memo contains only the provisions of law while
there is no arrest intimation given to the relatives of the petitioner.
In such circumstances, I am satisfied that the grounds for arrest have
not been communicated as contemplated by law.
10. Petitioner has been in custody from 21.01.2025
onwards. Since the grounds for arrest were not communicated to the
petitioner soon after his arrest, petitioner is entitled to be released
on bail.
In the result, this application is allowed on the following
conditions:-
(a) Petitioner shall be released on bail on him executing a
bond for Rs.1,00,000/- (Rupees One Lakh only) with two
solvent sureties each for the like sum to the satisfaction of
the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall he attempt to tamper with the
evidence.
(d) Petitioner shall not commit any similar offences while
he is on bail.
(e) Petitioner shall not leave the State of Kerala without the
permission of the jurisdictional Court.
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In case of violation of any of the above conditions or if any
modification or deletion of the conditions are required, the
jurisdictional Court shall be empowered to consider such applications
if any, and pass appropriate orders in accordance with law,
notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
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APPENDIX OF BAIL APPL. 9916/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 56/2025 OF KUNNAMANGALAM
POLICE STATION, KOZHIKODE DISTRICT.
Annexure 2 TRUE COPY OF THE SEIZURE MAHAZAR IN CRIME
NO. 56/2025 OF KUNNAMANGALAM POLICE
STATION, KOZHIKODE DISTRICT.
Annexure 3 TRUE COPY OF THE ARREST MEMO IN CRIME NO.
56/2025 OF KUNNAMANGALAM POLICE STATION,
KOZHIKODE DISTRICT.
Annexure 4 TRUE COPY OF THE ORDER DATED 20.02.2025
IN CRL MP NO. 199/2025 PASSED BY THE
COURT OF THE SPECIAL JUDGE (NDPS ACT
CASES), VATAKARA.
Annexure 5 TRUE COPY OF THE ORDER DATED 25.04.2025
IN BAIL APPL. NO.5439 OF 2025 ON HIGH
COURT.