BABU M. Vs. STATE OF KERALA

JUDGEMENT

(1.) The common issue in these writ petitions concerns the consequence of non-compliance with the requirement of informing the grounds of arrest under Article 22(1) of the Constitution of India and Sec. 47(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

(2.) The petitioner in WP(Crl). No.240/2025 is the father of the accused in Crime No.1498/2024 of Tirur Police Station, Malappuram. The offence alleged is punishable under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner's son was arrested on 2/10/2024. Though he moved a bail application before the trial Court, it was dismissed. He is, at present, in judicial custody.

(3.) The petitioner in WP(Crl). No. 247/2025 is the mother of the 2nd accused in Crime No.447/2024 of Koipuram Police Station, Pathanamthitta. The crime has been transferred to the Crime Branch and re-registered as CB Crime No.715/2024 of CBCID, Kollam. The offences alleged are punishable under Ss. 420, 409 and 120B read with Sec. 34 of the Indian Penal Code, 1860 and Ss. 3, 21, 5 and 23 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act'). The petitioner's daughter was arrested on 6/2/2025. Though she moved a bail application before the Designated Court to try the offences under the BUDS Act, it was dismissed. She is, at present, in judicial custody.