Mandatory written communication of arrest grounds under Article 22(1) and BNSS Section 47; non-compliance renders arrest illegal, entitling release on bail.

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.1 in Crime No.170/2025 of Ettumanoor Police Station, Kottayam District. The offences alleged are punishable underSections 296(b), 351(1), 126(2), 115(2), 121(2) and 103(1) of theBharatiya Nyaya Sanhita, 2023(for short, BNS ).

3. The prosecution case, in short, is that the accused No.2 and the de facto complainant were conducting pan shops nearby the Excalibur bar, situated adjacent to the M.C. Road at Thellakom. Due to his enmity towards the de facto complainant, the accused No.2 instigated the applicant, who has criminal antecedents, to assault and abuse the de facto complainant, in furtherance of the said abetment and instigation, on 02.02.2025 at about 11.30 p.m., the applicant went to the pan shop conducted by the de facto complainant, abused her with obscene words and criminally intimidated her by exhorting to set ablaze her pan shop and only the pan shop of the accused No.2 need be conducted there; then the applicant kicked the de facto complainant and caused her to fall down and when her relative Bineesh intervened, he assaulted him also. At that time Syam Prasad, a Civil Police Officer, attached to Kottayam West Police Station came there while he was returning after his duty; then the de facto complainant requested him to intervene and call the police; then Syam Prasad, a Civil Police Officer, who is duty-bound to prevent cognizable offences alighted from his motorbike and approached the scene of occurrence and recorded the video of the incident on his mobile phone, which enraged the applicant, who also felt that Syam Prasad was supporting the de facto complainant. Due to the said enmity, the applicant with intent to cause the death of Syam Prasad, exhorted him to call the police and punched him on the left side of his neck and pushed him down to the ground; while Syam Prasad was lying in the supine position on the ground, the applicant, with intent to cause death, hit on his chest with his right knee; when he was obstructed by the second witness, he assaulted him also; then with knowledge that it may cause death, the applicant kicked on the chest of Syam Prasad forcibly, causing fracture of ribs. Syam Prasad sustained fatal injuries and succumbed to the same, while being treated at the Caritas Hospital and thereby committed the offences.

4. I have heard Sri.Aneesh K.R., the learned counsel for the applicant and Sri.C.K.Suresh, the learned Special Public Prosecutor. Perused the case diary.

5. The learned counsel appearing for the applicant submitted that the requirement of informing the arrested person of the grounds of arrest is mandatory under Article 22(1) of the Constitution of India and Section 47 of the BNSS and inasmuch as the applicant was not furnished with the grounds of arrest, his arrest was illegal and is liable to be released on bail. On the other hand, the learned Senior Public Prosecutor submitted that all legal formalities were complied with in accordance with Chapter V of the at the time of the arrest of the applicant. It is further submitted that the alleged incident occurred as part of the intentional criminal acts of the applicant and hence he is not entitled to bail at this stage.

6. The applicant was arrested on 02.02.2025 and since then he is in judicial custody.

7. Though prima facie there are materials on record to connect the applicant with the crime, since the applicant has raised a question of absence of communication of the grounds of his arrest, let me consider the same.

8. Chapter V of BNSS , 2023 deals with the arrest of persons. S