Kerala High Court
Vineesh Vijayan vs State Of Kerala on 9 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 12026 OF 2025
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2025:KER:74641
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
BAIL APPL. NO. 12026 OF 2025
CRIME NO.1494/2024 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.1:
VINEESH VIJAYAN, AGED 42 YEARS
S/O VIJAYAN, THENGUVILAYIL VEEDU,
KANDACHIRA MUKKU, NADUVILAKKARA CHERRY,
MAYYANADU PO., KOLLAM, PIN - 691 303.
BY ADVS.
SHRI.SREERAJ M.D.
SMT.NEELANJANA NAIR
SHRI.RAHUL S.R.
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 12026 OF 2025
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2025:KER:74641
BECHU KURIAN THOMAS, J.
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B.A. No.12026 of 2025
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Dated this the 9th day of October, 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.1494 of 2024 of Kollam East Police Station, Kollam; registered for the offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case is that, accused were found in possession of 94.513 grams of Methamphetamine and thereby committed the offences alleged. Petitioner was arrested on 23.08.2024 and he has been in custody since then.
4. Heard Sri.Sreeraj M.D., 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 since 23.08.2024. It was submitted that the grounds for arrest were not communicated to the petitioner or his relatives at the time of his arrest.
BAIL APPL. NO. 12026 OF 2025 3 2025:KER:74641
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 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 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 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 and held that the grounds for arrest must be communicated. BAIL APPL. NO. 12026 OF 2025 4 2025:KER:74641
10. On a perusal of the case diary, it is noticed that grounds for arrest have not been communicated to the petitioner as contemplated by law. In the arrest memo, there is no reference to any grounds for arrest while in the arrest intimation given to the wife of the petitioner though there is reference to the provisions of law, no other details are provided. In such circumstances, I am satisfied that the grounds for arrest have not been effectively communicated as contemplated by law.
11. Petitioner has been in custody from 23.08.2024 onwards. Since the grounds for arrest have not been communicated as contemplated by law, petitioner's arrest stands vitiated and he is entitled to be released on bail.
12. Accordingly, 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. 12026 OF 2025 5 2025:KER:74641 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/09/10/2025 BAIL APPL. NO. 12026 OF 2025 6 2025:KER:74641 APPENDIX OF BAIL APPL. 12026/2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF FIR IN CRIME NO. 1494/2024 OF KOLLAM EAST POLICE STATION, KOLLAM DATED 23.08.2024.
ANNEXURE A2 THE TRUE COPY OF THE ORDER PASSED BY THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS COURT JUDGE - VI IN CRL.MP NO. 1620/2025 DATED 12.09.2025.