W.P.(Crl)No.424/2025 1 2025:KER:28964 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(CRL.) NO. 424 OF 2025 PETITIONERS: 1 SREEKALA, AGED 51 YEARS D/O PONNAMMA, TC 21/1451, CHITHIRA, NEAR NEDUMCAUD, KARAMANA P. O. , THIRUVANANTHAPURAM, THIRUVANANTHAPURAM, PIN - 695002 2 GOPAKUMAR A, AGED 53 YEARS S/O APPUKUTTAN NAIR, T C 36/1809, SUBASH NAGAR, NEAR SREE KRISHNA SWAMI TEMPLE VALLAKKADAVOO P.O„ THIRUVANANTHAPURAM DISTRICT - 695008 BY ADVS. VISHAK.K.JOHNSON MARILIN ROMEO, VISHNU MOHAN, PARVATHY S. RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 695001 2 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD THIRUVANANTHAPURAM, PIN - 695010 3 THE DISTRICT POLICE CHIEF TRIVANDRUM POLICE GROUND, CV RAMAN PILLAI ROAD, PANAVILA, THYCAUD THIRUVANANTHAPURAM DISTRICT - 695014 4 STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM, PIN - 682031 SRI.M.P. PRASANTH, PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(Crl)No.424/2025 2 2025:KER:28964 JUDGMENT The petitioners are the accused in several crimes registered at Vanchiyoor Police Station, Thiruvananthapuram detailed in Ext.P2. The main prayer in this writ petition is to give a direction to the respondents to record the arrest of the petitioners detailed in Ext.P2. There is also a further prayer to direct the respondents to follow the procedure prescribed in Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the BNSS). 2. I have heard Sri. Vishak Johnson, the learned counsel for the petitioners and Sri. M.P. Prasanth, the learned Public Prosecutor. 3. The learned counsel for the petitioner submitted that in all the crimes registered against the petitioners mentioned in Ext.P2, bail was already granted. Hence, the 1st prayer has practically become infructuous. The learned counsel further submitted that there may be a direction to the respondents to follow the procedure prescribed in Section 35(3) of the BNSS in case any crimes are registered against them in future. 4. It is up to the police officer concerned to W.P.(Crl)No.424/2025 3 2025:KER:28964 decide 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 that, in all the future crimes to be registered against the petitioners, notice under Section 35(3) of the BNSS has to be issued. The writ petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp W.P.(Crl)No.424/2025 4 2025:KER:28964 APPENDIX OF WP(CRL.) 424/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REMAND APPLICATION SUBMITTED BY THE MAHESH K S, SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT -IX THIRUVANANTHAPURAM IN CRIME NO. 1308 OF 2024 OF VANCHIYOOR POLICE STATION Exhibit P2 A DETAILED LIST OF FIR REGISTERED AT VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM AGAINST THE PETITIONERS