2025:KER:26825 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(CRL.) NO. 276 OF 2025 CRIME NO.1070/2023 OF CHERPU POLICE STATION, THRISSUR PETITIONER: SREENA SREEDHARAN AGED 34 YEARS W/O PRATHAPAN K.D, AGED ABOUT 34 YEARS DIRECTOR HIGH RICH ONLINE SHOPPE PVT. LTD., NERUVISSERY, ARATTUPUZHA, THRISSUR RURAL, KERALA, PIN - 680562 BY ADVS. T.K.RAJESHKUMAR MANOJ V GEORGE T.N.BINDU JIJO JOSE RHUTHWIK KRISHNA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, VAZHUTHACAUD P.O THIRUVANANTHAPURAM, PIN - 695010 2025:KER:26825 W.P.(CRL) NO.276 OF 2025 2 BY ADVS. SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. SHRI.SAJJU.S., SENIOR G.P. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26825 W.P.(CRL) NO.276 OF 2025 3 JUDGMENT The petitioner is the accused in several crimes pending across different Police Stations of the Kerala State. In the Writ Petition, details of 42 crimes have been mentioned. The petitioner has filed this Writ Petition to give a direction to the 2nd respondent to strictly comply with Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') and the guidelines laid down in Arnesh Kumar v. State of Bihar [(2014) 8 SCC 273] while proceeding against her. 2. I have heard Sri. Rajesh Kumar T. K., the learned counsel for the petitioner and Sri. P. Narayanan, the learned Senior Public Prosecutor. 3. The Deputy Superintendent of Police (DYSP), District Crime Branch, Thrissur Rural has filed a statement. In the said statement, it is stated that 67 crimes have been registered against the petitioner. 4. It is up to the police officer concerned to decide 2025:KER:26825 W.P.(CRL) NO.276 OF 2025 4 whether the arrest of a person is necessary against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, on satisfaction of the conditions mentioned in sub-section (3) of Section 35 of the BNSS. Issuance of notice under sub-section (3) of Section 35 of the BNSS arises only in cases where the arrest of a person is not required under sub-section (1) of Section 35 of the BNSS. Hence, no blanket order can be issued as prayed for in this Writ Petition that in all the crimes registered against the petitioner, notice under Section 35(3) of the BNSS has to be issued. 5. Having heard both sides, this Writ Petition is disposed of as follows: In all the cases registered against the petitioner across the various Police Stations in Kerala and shown in the Writ Petition as well as in the counter statement, the police 2025:KER:26825 W.P.(CRL) NO.276 OF 2025 5 officer concerned shall take a decision whether arrest of the petitioner is necessary in terms of sub-section (1) of Section 35 of BNSS. In those cases, where the police officer decides that the arrest of the petitioner is not required under sub- section (1) of Section 35 of BNSS, necessarily notice under Section 35(3) of BNSS shall be issued to the petitioner. The petitioner shall produce a copy of this judgment before the concerned investigating officers. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR 2025:KER:26825 W.P.(CRL) NO.276 OF 2025 6 APPENDIX OF WP(CRL.) 276/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO. 1070/2023 DATED 18-09-2023 OF CHERPU POLICE STATION Exhibit P2 TRUE COPY OF THE BAIL ORDER PASSED BY THE SPECIAL COURT FOR PMLA CASES (SPE/CBI)-II/NIA CASES, ERNAKULAM IN CRL. M.P NO. 72/2024 Exhibit P3 TRUE AND CORRECT COPY OF THE SCREENSHOT OF THE COURT PROCEEDINGS IN CC NO. 1912 OF 2023 OF ACJM (ECONOMIC OFFENCE) ERNAKULAM FROM E-COURTS Exhibit P4 TRUE AND CORRECT COPY OF THE INTERIM ORDER DATED 17.02.2025 IN CRL MC NO. 1534 OF 2025 Exhibit P5 TRUE AND CORRECT COPY OF THE INTERIM ORDER DATED 27.02.2025 IN BAIL APPL. 2232 OF 2025 Exhibit P6 TRUE AND CORRECT COPY OF THE MEDICAL CERTIFICATE DATED 17.02.2025 ISSUED BY THE CHIEF PSYCHOLOGICAL MEDICINE CONSULTANT OF SUN MEDICAL AND RESEARCH CENTRE THRISSUR HEART HOSPITAL RESPONDENTS’ EXHIBITS: NIL