In a significant ruling, the Kerala High Court granted bail to a young accused in a narcotics case after noting that the grounds for his arrest were not properly communicated to his family. Justice Bechu Kurian Thomas emphasized that informing an arrested person and their relatives about the reasons for arrest is a mandatory requirement under Indian law.
The case involved Sreejith K., the second accused in Crime No.208 of 2025 registered at Elamakkara Police Station, Ernakulam. He was charged under various sections of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), including possession and financing of contraband. The prosecution alleged that he contributed money for purchasing LSD stamps and hashish oil.
Sreejith was arrested on May 24, 2025, and had been in custody since. His counsel argued that the grounds of arrest were not conveyed to him or his family at the time of detention, violating his fundamental rights. The Public Prosecutor opposed bail, citing the commercial quantity of drugs involved and pending investigations in other cases.
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However, the court referred to recent Supreme Court judgments, including Pankaj Bansal v. Union of India and Vihaan Kumar v. State of Haryana, which held that communicating grounds of arrest is a constitutional mandate under Article 22(1). The court noted that while the petitioner was served with detailed grounds, his mother was only informed of the legal provisions, not the specific reasons.
Justice Thomas observed, “In the absence of any material to convince this Court that the grounds for arrest were communicated to the near relative… the principles laid down in Vihaan Kumar have not been complied with.” Considering the petitioner’s young age-19 years-and lack of criminal history, bail was granted despite ongoing investigation.
The bail conditions include executing a bond of ₹1 lakh with two sureties, cooperating with the trial, not influencing witnesses, and not leaving Kerala without court permission. The order reinforces the judiciary’s commitment to procedural fairness in criminal arrests.
Case Title: Sreejith K. vs State of Kerala
Case No.: B.A. No. 9616 of 2025
