Kerala High Court
Shihabudheen vs State Of Kerala on 19 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9456 OF 2025
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2025:KER:62498
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
BAIL APPL. NO. 9456 OF 2025
CRIME NO.7/2024 OF KALIKAVU EXCISE RANGE OFFICE, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 03.06.2025 IN Bail Appl.
NO.6004 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.1 (IN CUSTODY FROM 06.3.2024):
SHIHABUDHEEN, AGED 34 YEARS
S/O POKKER, KIZHAKKEPALATT HOUSE,
VELIMANA, OMASSERY PO, RARAOTH,
KOZHIKODE DISTRICT, PIN - 673 582.
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
RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031.
2 THE EXCISE INSPECTOR
EXCISE RANGE OFFICE, KALIKAVU,
EXCISE RANGE OFFICE, KALIKAVU P.O,
MALAPPURAM DISTRICT, PIN - 679328.
BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9456 OF 2025
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2025:KER:62498
BECHU KURIAN THOMAS, J.
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B.A. No.9456 of 2025
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Dated this the 19th 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 first accused in Crime No.07/2024 of Excise Range Office, Kalikavu; registered for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for brevity, 'NDPS Act'], which is now pending as S.C.No.1193/2024 on the files of the Special Court for SC/ST (POA) Act & NDPS Act cases, Manjeri.
3. The prosecution case is that, on 06.03.2024 the accused were found in possession of and transporting 265.14 grams of Methamphetamine in a car bearing registration No.KL-57-W-1726 and thereby committed the offences alleged. Petitioner was arrested on 06.03.2024 and he has been in custody since then.
4. Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody from 06.03.2024. It was also submitted that the grounds BAIL APPL. NO. 9456 OF 2025 3 2025:KER:62498 for arrest were not communicated to the petitioner or his relatives at the time of his arrest.
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.
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 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.
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. 9456 OF 2025 4 2025:KER:62498
10. On a perusal of the case diary, it is noticed that the arrest memo does not contain any reference to the grounds for arrest, while the arrest intimation, refers to the possession of contraband by the petitioner. However, the quantity of the contraband has not been mentioned. In such circumstances, I am satisfied that petitioner has not been communicated with the grounds for arrest.
11. Petitioner has been in custody from 06.03.2024 onwards. Since the grounds for arrest were not communicated to the petitioner soon after the arrest, he is 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 Country without the permission of the jurisdictional Court.
In case of violation of any of the above conditions or if any modification BAIL APPL. NO. 9456 OF 2025 5 2025:KER:62498 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/19/08/2025 BAIL APPL. NO. 9456 OF 2025 6 2025:KER:62498 APPENDIX OF BAIL APPL. 9456/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN NDPS CRIME NO. 07/2024 OF EXCISE RANGE OFFICE, KALIKAVU, MALAPPURAM.
ANNEXURE 2 TRUE COPY OF THE SEIZURE MAHAZAR DATED IN NDPS CRIME NO. 07/2024 OF EXCISE RANGE OFFICE, KALIKAVU, MALAPPURAM.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 03.6.2025 IN BAIL APPL.6004/2025 ON HIGH COURT.
ANNEXURE 4 TRUE COPY OF THE ORDER DATED 28.2.2025 IN BAIL APPL. 2661/2025 ON HIGH COURT.
ANNEXURE 5 TRUE COPY OF THE ORDER DATED 19.12.2024 IN BAIL APPL. 3483/2024 ON HIGH COURT.
ANNEXURE 6 TRUE COPY OF THE ORDER DATED 29.07.2025 IN WP (CRL) NO. 772/2025 PASSED BY THIS HON'BLE COURT.