IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5715 of 2011 CRIME NO.1138 OF 2011 OF ERNAKULAM TOWN NORTH POLICE STATION. PETITIONERS/ACCUSED --------------------------------------- BINU MATHEW,AGED 34 YEARS, S/O.MATHEW, KOLLAMPARAMBIL HOUSE, KASSARKODU, KANNUR. BY ADV. SRI.SANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY S.I. OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5715 OF 2011 ------------------------------------------------------ Dated this the 26th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1138 of 2011 of Ernakulam Town North Police Station. 2. The offence alleged against the petitioner is under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act. 3. The prosecution case is that on 17.6.2011 at 8.30 A.M., the accused was found carrying 519 ampules of Lupigesic, near Ernakulam North Railway Station. He was arrested on the spot and he was remanded to judicial custody. 4. The Bail Application is seriously opposed by the learned Public Prosecutor. The quantity of psychotropic substance involved in the case is commercial quantity. Clause (b) of Section 37(1) of the NDPS Act provides that when the quantity of the contraband involved is commercial BAIL APPL. NO.5715 OF 2011 :: 2 :: quantity and where the Public Prosecutor opposes the Bail Application, bail can be granted only if the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail. These ingredients are not satisfied in the present case. It cannot be said that there are reasonable grounds for believing that the petitioner is not guilty of the offence. There is also no material to arrive at the conclusion that the petitioner is not likely to commit any offence while on bail. 5. The learned counsel for the petitioner submitted that the petitioner is suffering from liver cirrhosis and tuberculosis. Learned Public Prosecutor submitted that adequate treatment will be provided to the petitioner either in the jail or elsewhere. This submission is recorded. For the reasons mentioned above, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/