Kerala High Court
Abdul Jaleel vs State Of Kerala on 12 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:60395
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
BAIL APPL. NO. 9178 OF 2025
CRIME NO.1093/2024 OF MANJERI POLICE STATION, MALAPPURAM
AGAINST THE ORDER DATED 31.01.2025 IN BAIL APPL.
NO.1216 OF 2025 OF HIGH COURT OF KERALA
PETITIONERS/ACCUSED NOS. 1 & 2 (IN CUSTODY FROM 16.08.2024):
1 ABDUL JALEEL
AGED 33 YEARS
S/O MUHAMMED,
KARIMBULLAKATHU HOUSE,
KUTTYPPARA, PAYYANAD,
MALAPPURAM DISTRICT, PIN - 676122
2 SHAJI.V.P
AGED 49 YEARS
S/O CHEKKU,
VADAKKANGARA PALLIKKARA HOUSE,
KUTTYPPARA, PAYYANAD,
MALAPPURAM DISTRICT, PIN - 676122
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 PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
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MANJERI POLICE STATION,
MANJERI P.O, MALAPPURAM DISTRICT, PIN - 676121
BY ADV. SREEJA V.,
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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B.A. No.9178 of 2025
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BECHU KURIAN THOMAS, J.
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B.A. No.9178 of 2025
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Dated this the 12th day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).
2. Petitioners are accused 1 and 2 in Crime No.1093 of 2024
of Manjeri Police Station, Malappuram, registered for the offences
punishable under Sections 22(c), 8 and 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act‘).
3. The prosecution case is that on 16.08.2024, during a
search conducted by the police party in a car bearing registration
No.KL-07-CS-1972, they seized 49.010 grams of Methamphetamine
from the body of the first petitioner and 14.020 grams of
Methamphetamine from the second petitioner, and altogether 63.030
grams of Methamphetamine were recovered from them, and the
accused thereby committed the offences alleged. Petitioners were
arrested on 16.08.2024, and they have been in custody since then.
4. The learned counsel for the petitioner submitted that the
petitioners have been in custody since 16.08.2024. It was submitted
that the grounds for arrest were not communicated to the petitioners or
their relatives at the time of thier arrest.
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5. The learned Public Prosecutor opposed the bail application
and submitted that the grounds for arrest were communicated to the
petitioners at the time of their arrest. It was also submitted that since
the contraband seized from the petitioners was a commercial quantity,
the rigour under Section 37 of NDPS Act will apply and hence
petitioners ought not to be released on bail.
6. Though prima facie there are materials on record to
connect the petitioners with the crime, since petitioners have raised the
question of absence of communication of the grounds for their 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
and Another [2025 SCC Online SC 269], it has been held that the
requirement of informing a person of grounds for 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 vs. 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
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and held that the grounds for arrest must be communicated.
9. In the instant case, on a perusal of the case diary, it is
noticed that neither in the arrest memo issued to both the petitioners
nor in the arrest intimation to their relatives is there any reference to
the grounds for arrest. The arrest memo only mentions the provisions
of law under which the petitioners were arrested. In such
circumstances, I am satisfied that grounds for arrest have not been
communicated to the petitioners or their relatives as contemplated by
law.
10. Petitioners have been in custody from 16.08.2024
onwards. Since the grounds for arrest were not communicated to the
petitioners soon after the arrest, petitioners are entitled to be released
on bail.
11. In the result, this application is allowed on the following
conditions:-
(a) Petitioners shall be released on bail on them executing
a bond for Rs.1,00,000/- (Rupees One Lakh only) each
with two solvent sureties each for the like sum to the
satisfaction of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating
Officer as and when required.
(c) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they attempt to tamper with
the evidence.
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(d) Petitioners shall not commit any similar offences while
they are on bail.
(e) Petitioners shall not leave India without the permission
of the Court having jurisdiction.
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
jka/12.08.25.
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APPENDIX OF BAIL APPL. 9178/2025
PETITIONERS’ ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1093/2024 OF MANJERI
POLICE STATION, MALAPPURAM DISTRICT
Annexure 2 TRUE COPY OF THE SEIZURE MAHAZAR IN
CRIME NO.1093/2024 OF MANJERI POLICE
STATION, MALAPPURAM DISTRICT
Annexure 3 TRUE COPY OF THE ARREST MEMO OF THE
PETITIONER NO.2
Annexure 4 TRUE COPY OF THE ARREST INTIMATION OF
THE PETITIONER NO.2
Annexure 5 TRUE COPY OF THE ORDER DATED 31-01-2025
IN BAIL APPL.1216/2025 ON HIGH COURT
Annexure 6 TRUE COPY OF THE ORDER DATED 05-12-2024
IN BAIL APPL.9847/2024 ON HIGH COURT
Annexure 7 TRUE COPY OF THE ORDER DATED 05-12-2024
IN BAIL APPL.8252/2024 ON HIGH COURT