Failure to communicate grounds for arrest renders the arrest illegal, entitling the accused to bail.

ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the third accused in Crime No.30/2024 of Excise Enforcement and Anti Narcotic Special Squad, Malappuram, which is now pending as S.C.No.1491 of 2024 on the files of the Special Court for SC/ST (PoA) Act & NDPS Act Cases, Manjeri, registered for the offences punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, ‘NDPS Act’].

3. The prosecution case is that, on 08.06.2024 the accused were found in possession of 2.5 grams each of Methamphetamine in the parking ground of a hotel and on the basis of the information given, the excise party arrived at the hotel and found the accused, in possession of 680 grams of methamphetamine, thereby committing the offences alleged. Petitioner was arrested on 08.06.2024 and he has been in custody since then.

4. I have heard Adv.P.Mohamed Sabah, the learned Counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.

5. The learned Counsel for the petitioner contended that the prosecution allegations are false and that petitioner has been in custody from 08.06.2024. It was also submitted that, the grounds for arrest have never been informed to him and therefore, in the light of the decision in Vihaan Kumar v. The State Of Haryana and Another [ 2024 SCC Online SC 4702 ] the arrest has to be deemed illegal.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioner is involved in serious crimes and hence, he ought not to be released on bail.

7. On going through the case diary it is evident that, the grounds for arrest have not been communicated to the petitioner.

There are no contemporaneous records also to indicate that the grounds for arrest have been intimated to the petitioner.

8. In the decision Vihaan Kumar v. The State Of Haryana and Another [ 2024 SCC Online SC 4702 ] the Supreme Court has categorically observed that the failure to communicate the grounds for arrest will vitiate the arrest and once the arrest is held to be vitiated, the person arrested is entitled to be released immediately.

9. Since the grounds for arrest have not been communicated in the instant case, as contemplated by law, petitioner is entitled to be released on bail.

10. 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 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.