The constitutional mandate requiring grounds of arrest to be communicated is mandatory and non-compliance renders the arrest illegal.

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.403/2024 of Adimaly Police Station, Idukki District. The offences alleged are punishable under Sections 449 , 302, 394 and

201 read with Section 34 of the Indian Penal Code .

3. The prosecution case, in short, is that on 13.04.2024 at 5:00 p.m., with the intent to murder Pathumma, the defacto complainant’s mother, and steal gold and a mobile phone, the accused arrived at the house of Pathumma, an old woman aged 73 years, located in Adimali Karayal Bhagavathikkunnu, Mannamakandam Village, Adimali Grama Panchayat, VII/150(1) Number, Neduvellikizhakeethu. Accused No.1 requested water and then criminally trespassed into Pathumma's house and restrained Pathumma in the living room, and the applicant, using a kerchief, gagged her and forcibly dragged her from the kitchen to the bedroom. The applicant continued to restrain her with the kerchief while the accused No.1 used a knife to slit Pathumma’s throat, killing her. Subsequently, they stole a 16.400 gram gold chain lying around her neck, a 1.560 gram gold locket from the chain, and a gold ring worn on her left hand, believing it to be gold. They also stole a Nokia mobile phone used by Pathumma. The SIM card in the phone, registered in the name of the CW44, was destroyed and the blood stains on the knife used for the murder were washed off, and evidence was destroyed. The applicant thereby committed the aforementioned offences.

4. I have heard Sri.Nimal Joseph, 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, her 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 16.04.2024 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 her 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 clearly states that every police officer or other person arresting any person without a warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Article 22(1) of the Constitution of India provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. Thus, the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement. Noncompliance with Article 22