Failure to communicate the grounds of arrest in writing to the arrestee, as mandated by Article 22(1) of the Constitution and Section 47 of the BNSS, renders the arrest and subsequent remand illegal, necessitating the release of the accused.

ORDER

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 sole accused in Crime No.329/2023 of Kattappana Police Station, Idukki District. The offences alleged are punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short, IPC).

3. The prosecution case, in short, is that on 17.03.2023 at at 9:45 pm, the applicant, who is the husband of the deceased, due to enmity towards her in furtherance of filing a petition against him before the police, committed her murder by tying a knot around her neck with a shalwar shawl and pulled her down to the floor while she was writing by sitting on a chair near the table in the hall room of the house of the applicant. Thereafter, the applicant carried the body of the deceased to the bed room and laid the body on the cot therein and thereafter removed two rings and a chain from her body and caused injuries to her wrist and thereafter the applicant pulled the body from the cot and hide the same beneath the cot by covering it with bed sheet. Thereafter, the applicant cleaned the room and attempted to burn the cloth which was used to clean the room and shawl used for commission of the offence. The applicant made the neighbours and the relatives believe that the deceased left the house at 7:30 am on 18.03.2023. The applicant also falsely caused to register a case by making a false statement before the police on 19.03.2023. On 20.03.2023, the applicant threw away the mobile phone and sim card of the deceased at various places in Vengaloorkada bhagam and the applicant pledged the gold ornaments, which were removed from the dead body, before a private finance institution at Labbakada and thereby, appropriated an amount of 11,050/-. Thereafter, the applicant escaped to Tamil Nadu by leaving his mobile phone at Kumily and thereby committed the above offences.

4. I have heard Sri.Aneesh K.R., the learned counsel for the applicant and Smt.Sreeja V., the learned Senior 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 Public Prosecutor submitted that all legal formalities were complied with in accordance with Chapter V of the BNSS 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 he is not entitled to bail at this stage.

6. The applicant was arrested on 26.03.2023 and since then he 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 BNSS lists cases when police may arrest a person without a warrant. Section 47 of BNSS 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 fo