Mandatory communication of arrest grounds to the detainee is required under Article 22(1) of the Constitution.

O R D E R

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.2 in Crime No.683/2023 of Nadakkavu Police Station, Kozhikode District. The offences alleged are punishable under Sections 397, 302, 120B, and 201 read with Section 34 of the Indian Penal Code.

3. The prosecution case, is as follows:- The de facto complainant lodged a complaint on 24.05.2023, before the Tirur Police Station about the missing father of the de facto complainant. Accused No.1 was the employee of the hotel, run by the father of the de-facto complainant, and in furtherance of common intention, to extract money from the father of the de-facto complainant by seducing him by showing the applicant, who is the lover of the accused No. 1, and consequently, on 18/05/2023 the father of the defacto complainant had obtained two rooms at the De Casa Inn lodge at Eranhipalam, Kozhikode. The prosecution further states that the father of the de facto complainant was forced to disrobe to capture the nude photos by the applicant with the help of accused No. 3, who was arrested later, to extract the money from the father of the de facto complainant with intimidation. According to the prosecution, despite the resistance of the father of the de facto complainant, accused No.1 caused a cut injury over the neck of the father of the de facto complainant with a knife and also hit the head of the father of the de facto complainant with a hammer, as assisted by the accused No.3, and the accused No.3 kicked on the chest of the father of the de facto complainant, and due to the impact of the alleged activity, father of the de facto complainant had succumbed to death. Thereafter, they robbed his ATM card and the key of the car. To destroy evidence, they conspired to cut the dead body into pieces and abandon the same at Attappadi. Thereafter, they purchased new trolley bags and an electric cutter. The applicant and accused No. 1, using the electric cutter, cut the dead body into three pieces and enclosed the same in two trolley bags. They cleaned the room and, to destroy evidence, took the trolley bags in a car, and all the accused persons together abandoned the trolley bags at the 9th hairpin of Attappadi Churam and thereby committed the offences.

4. I have heard Sri.P.Mohamed Sabah, 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 Special 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 she is not entitled to bail at this stage.

6. The applicant was arrested on 27.05.2023 and since then she 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. Sub-section (1) of Section 35 of lists cases when police may arrest a person without a warrant. Section 47 of