Kerala High Court: Providing Grounds of Arrest via Phone Call Not Enough, Written Notice Mandatory

The Kerala High Court recently held that failing to provide written grounds of arrest to both the accused and their relatives renders an arrest illegal.

Justice Kausar Edappagath observed that a mere phone call to relatives does not satisfy legal requirements.

The Court granted bail to a man accused of drug trafficking, noting that while he received the grounds, his family did not receive them in writing. Further emphasizing that constitutional protections under Article 22 and the BNSS require written communication to enable families to seek legal remedy. 

The Court ruled that such procedural lapses vitiate the arrest, justifying the accused's release.

[Basheer Thaliyil v. State of Kerala & Anr.]