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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Dr. Kausar Edappagath, J
Vishnu – Appellant
Versus
State of Kerala – Respondent
The ratio decidendi of the case is that the legality of an arrest is fundamentally dependent on the proper communication of the grounds of arrest, not only to the arrestee but also to their relatives. The court held that the failure to communicate the grounds to the relatives renders the arrest illegal, as it violates constitutional and statutory mandates designed to protect individual rights and ensure fair procedure. Consequently, the court emphasized that such an arrest, lacking proper communication to the relatives, invalidates the arrest and entitles the accused to be released on bail. This principle underscores the mandatory nature of informing both the arrestee and their close relatives about the grounds of arrest to uphold constitutional protections and prevent illegal detention (!) (!) (!) .
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.6 in Crime No.900/2025 of Kallambalam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (‘the NDPS Act’ for short).
3. The prosecution case, in short, is that the accused Nos.1 to 6 conspired to procure, smuggle and distribute methamphetamine on a commercial scale within India originating from Oman. The accused Nos.1, 2 and 5 were found in possession of 1.235 kgs of methamphetamine and thereby committed the aforementioned offences.
4. I have heard Sri. Sam Isaac Pothiyil, the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant has been in custody since 14.08.2025 and the grounds of arrest were not communicated in accordance with law at the time of his arrest. The learned Senior Public Prosecutor on the other hand opposed the bail application and submitted
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