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2026 Supreme(Online)(Ker) 14781

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AISHA NAUKEERA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Latheesh Sebastian
For the Respondents: Smt.O.M.Shalina, Sri.K.A.Noushad

Table of Content
1. application filed seeking regular bail. (Para 1 , 2 , 3)
2. discussion on legality of arrest regarding communication of grounds. (Para 4 , 5)
3. emphasis on the mandatory requirement and precedents regarding communication. (Para 6 , 7 , 8 , 9 , 10 , 11 , 14)
4. emerging principles of law concerning communication of arrest grounds. (Para 13)
5. conditions for granting of bail to the applicant. (Para 15 , 16)

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 a foreign national. He is the accused No.5 in Crime No.345/2025 of Areakkode Police Station, Malappuram District. The offences alleged are punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. The prosecution case, in short, is that the accused Nos. 1 and 2 were found in possession of 196.96 gms of methamphetamine, a psychotropic substance kept for the purpose of sale on 26.03.2025 at about 12.20 PM. It is alleged that accused Nos. 1 and 2 purchased the contraband article from the applicant and paid Rs.1,48,600/- to the account of one Rogers Ondabu On

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