Kerala High Court
Chindhamani B Sing vs State Of Kerala on 18 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9406 OF 2025
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2025:KER:62034
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
BAIL APPL. NO. 9406 OF 2025
CRIME NO.111/2025 OF ELOOR POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED NO.3:
CHINDHAMANI B SING
AGED 33 YEARS
S/O PRAKASH B SING, MARADIPANGA,
SARASMULLY, KHANDAMAL, ODISHA,
PIN - 762021.
BY ADVS.
SRI.SALIM V.S
SRI.SHANAVAS.S
SHRI.K.MUHAMMED THOYYIB
SRI.M.M.ANSAR
SMT.A.M.FOUSI
SHRI.A.B.AJIN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.
BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9406 OF 2025
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2025:KER:62034
BECHU KURIAN THOMAS, J.
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B.A. No.9406 of 2025
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Dated this the 18th 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 3rd accused in Crime No.111 of 2025 of Eloor Police Station, Ernakulam, registered for the offences punishable under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'].
3. According to the prosecution, on 13.03.2025, the accused were found in possession of 22.064 Kg. of ganja and thereby committed the offences alleged. Petitioner was arrested on 13.03.2025 and he has been in custody since then.
4. Heard Sri.V.S.Salim, the learned Counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody from 13.03.2025. It was also submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.
BAIL APPL. NO. 9406 OF 2025 3 2025:KER:62034
6. The learned Public Prosecutor opposed the bail application and submitted that the grounds for arrest were 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.
7. 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.
8. 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 [AIR 2025 SC 1388], 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 information of the grounds for arrest must be provided to the arrested person in such a manner that sufficient knowledge of the basic facts confuting the grounds imparted and communicate to the arrested person effectively in the language which he understands.
9. 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 communicated. BAIL APPL. NO. 9406 OF 2025 4 2025:KER:62034
10. On a perusal of the arrest memo as well as the arrest intimation, it is noticed that except for the provision of law under which the accused has been arrested, there is nothing to indicate that any grounds for arrest were communicated to him. In such circumstances, I am satisfied that petitioner has not been communicated with the grounds for arrest.
11. Petitioner has been in custody from 13.03.2025 onwards. Since the grounds for arrest were not communicated to the petitioner soon after the arrest, heis entitled to be released on bail.
12. 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.
In case of violation of any of the above conditions or if any modification BAIL APPL. NO. 9406 OF 2025 5 2025:KER:62034 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 AMV/18/08/2025 BAIL APPL. NO. 9406 OF 2025 6 2025:KER:62034 APPENDIX OF BAIL APPL. 9406/2025 PETITIONER ANNEXURES ANNEXURE 1 THE TRUE COPY OF THE FIR DATED 13.03.2025 IN CRIME NO.111/2025 OF THE ELOOR POLICE STATION, ERNAKULAM DISTRICT.
ANNEXURE 2 A TRUE COPY OF THE ORDER DATED 30.05.2025 IN CRL.M.C NO. 1383/2025 OF THE HONORABLE ADDITIONAL DISTRICT AND SESSIONS COURT-I, ERNAKULAM.