IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10839 of 2011() -------------------------------------------- (CRIME NO.1531/2011 OF CHERANELLOOR POLICE STATION) ...... PETITIONER/ACCUSED: -------------------------------------- RAPHEL, S/O. JOSEPH, AGED 49 YEARS, PEEDIYEKKALPARMBU VEEDU, EDAKOCHI,ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERLA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. BY PUBLIC PROSECUTOR SRI. S. SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.10839 of 2011 ---------------------------------------------------- Dated this the 27th day of December, 2011 Order The petitioner is the accused in Crime No.1531 of 2011 of Cheranelloor Police Station. The offence alleged against him is under Section 22(c) of the NDPS Act. It was alleged that he was found in possession of 464 ampoules of Buprenorphine Injection, known under the trade name Lupigeic, in a plastic kit. The quantity possessed is of “commercial quantity”. Narcotic drug and psychotropic substances would affect the health and wealth of the nation. The learned Public Prosecutor strongly opposed the petition pointing out the gravity of the offence. The learned counsel for the petitioner submits that the petitioner will not commit similar offence and he will not influence the witnesses or tamper the evidence. The learned counsel further submits that the accused has been in judicial custody for the past 91 days and therefore he may be granted bail. These submissions were strongly opposed by the learned Public Prosecutor. He is not entitled to get bail under Section 167(2) Cr.P.C. as period of 180 days is not over. The offence committed is against the society BA 10839/2011 2 and the nation. He is likely to flee which will affect the proper conduct of investigation and trial. If final report is filed, the trial court will dispose of the case at the earliest so that the plea on the ground of longer period of incarceration can be averted. In view of what is stated above, this application is dismissed. N.K.BALAKRISHNAN, JUDGE. srd BA 10839/2011 3