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2026 Supreme(Ker) 764

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Sarafudheen – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Shri.Aneesh K.R
For the Respondent: Sri.M.C. Ashi, Sr. Pp

Table of Content
1. details of the bail application and offense. (Para 1 , 2)
2. arguments regarding communication of arrest grounds. (Para 5)
3. legal principles concerning informing arrestees of grounds. (Para 8 , 9 , 10 , 11 , 13)

ORDER :

KAUSER EDAPPAGATH, J.

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.1 in Crime No.587/2025 of Chalissery Police Station, Palakkad District. The offences alleged are punishable under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 (for short ‘the NDPS Act’).

3. The prosecution case, in short, is that on 16.08.2025 at about 12.20 p.m., accused Nos.1 to 3 were found in possession of 69.90 grams of MDMA in a house at Narimada under the ownership of Seenath, Thalakkassery House, in contravention of the NDPS Act and Rules and thereby committed the aforementioned offences.

4. I have heard Sri. Aneesh K.R., the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel appearing for the applicant submitted that the requirement of

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