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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Muhammed Bilal – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. requirements for filing bail applications. (Para 1 , 2 , 3) |
| 2. judicial custody and legal formalities. (Para 4 , 6) |
| 3. legal arguments regarding arrest procedures. (Para 5) |
| 4. court's observations on legal requirements regarding grounds for arrest. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
ORDER :
Kauser Edappagath, J.
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.
2. The applicant is the accused No.5 in Crime No.1059/2025 of Kondotty Police Station, Malappuram District. The offences alleged are punishable under Sections 22 (c) and 27(A) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .
3. The prosecution case, in short, is that the excise officials seized 50.61 grams of MDMA from the joint possession of accused Nos.1 to 3 on 11.09.2025 from Room No.203 of Red Bell Residency, Kizhisseri. The further allegation against the accused Nos.5 and 7 is that the said offence was committed in furtherance of conspiracy between the said accused and the applicant herein along with other co-accused and thereby committed the offences.
4. I have heard Sri.Abdul Hadi M.P., the lea
Non-compliance with the mandatory requirement to inform arrested individuals of grounds for arrest can render the arrest illegal; however, if procedures are followed, the application for bail may be ....
Notification of arrest grounds is constitutionally mandated and noncompliance renders arrest illegal, barring compelling reasons.
Non-communication of arrest grounds violates constitutional rights, necessitating procedural compliance.
Noncompliance with arrest grounds notification violates fundamental rights, but if proper procedures are followed, the arrest remains valid.
Compliance with statutory obligations in arrest procedures is essential, particularly communicating grounds of arrest to uphold constitutional rights.
Failure to inform arrestee of grounds of arrest violates constitutional rights, rendering the arrest illegal.
The non-compliance with the requirement to inform arrested individuals of the grounds for their arrest renders such arrests illegal, thus entitling the accused to bail.
Failure to communicate grounds of arrest constitutes an illegal arrest, violating constitutional and statutory mandates.
Failure to communicate grounds of arrest renders it illegal and violative of constitutional rights.
Illegal arrest due to non-communication of grounds violates fundamental rights under Article 22(1).
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