IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Bail Appl..No. 4308 of 2008() ----------------------------- C.R.NO.51 OF 2007 OF EXCISE RANGE, CHATHANOOR PETITIONER --------------------------- MOHANAN, AGED 46, S/O.CHELLAPPAN, CHARUVILA VEEDU, PANIYIL CHERRY, CHIRAKKALA VILLAGE, KOLLAM DT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: ------------------------ 1. THE EXCISE INSPECTOR, EXCISE RANGE, CHATHANNOOR, KOLLAM DT. 2. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 3. STATE OF KERALA, REP. BY THE PUBILC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.4308 of 2008 =============================== DATED: 07.07.2008 O R D E R The petitioner who is the 2nd accused in C.R.No.51 of 2007 of Chathannoor Excise Range for offences punishable under Secs.8 (1) and 8(2) of the Abkari Act for having been found in possession of 8 liters of illicit arrack on 2.10.07 and who subsequently surrendered before the Magistrate in connection with another case on 19.06.06, seeks his enlargement on bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application contenting, inter alia, that the petitioner is an accused in other cases involving similar offences. If so, there cannot be the requisite satisfaction under Section 41-A of the Abkari Act. This application is accordingly dismissed. 3. The counsel for the petitioner submitted that the petitioner's father died yesterday night and obsequies are being done today and sought permission to the petitioner to attend the said ceremony. Even though I am not inclined to grant bail to the petitioner, I am inclined to permit the petitioner to attend B.A.No.4308 of 2008 -:2:- the funeral, on humanitarian grounds. Accordingly, the petitioner shall be permitted to attend the funeral which is claimed to be scheduled today evening. The petitioner is permitted to leave prison where he is housed, to attend the funeral and he shall report back in the prison by 10 a.m on 8.07.08. Sufficient police escort shall be provided to the petitioner to ensure that he does not abscond. This bail application is dismissed with the above direction. Dated this the 7th day of July, 2008 . V.RAMKUMAR, JUDGE. sj Hand over a copy of this order today itself. B.A.No.4308 of 2008 -:3:-