IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Bail Appl..No. 3419 of 2008() ----------------------------- CRIME NO.158/08 OF IDUKKI POLICE STATION PETITIONERS/ACCUSED ------------------------------------ THANKACHAN, S/O.LUKHA, POOMTHURUTHIYIL HOUSE, VAZHATHOPE KARA, PALLITHAZHEBHAGAM, IDUKKI VILLAGE. BY ADV. SRI.S.K.MURALEEDHARA KAIMAL SRI.T.K.DEVARAJAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3419 of 2008 ----------------------------------------- Dated this the 5th day of June, 2008 O R D E R This petition is for bail. 2. According to prosecution, a crime is registered under Section 379 of Indian Penal Code. Petitioner is suspected in the offence. A motor pump was allegedly stolen, which belongs to a neighbour of the petitioner. 3. Learned counsel for petitioner submitted that he purchased a pathway and he constructed a road. His neighbour is now trying to use the pathway for his own purpose and drawing pipe line through this property, which was objected to by the petitioner. Learned Public Prosecutor submitted that earlier there was a crime against the petitioner for destroying the pipe line going through the property and now the allegation is that the motor connected to the pipe line is being stolen away. Learned counsel for petitioner submitted that a civil suit is also filed against the petitioner to get an injunction restraining him from destroying the pipe line, motor etc. According to petitioner, the neighhour has no right to draw any pipe line through his property. It is also submitted that though the house was searched, the motor pump could not be traced out. BA.3419/08 2 4. On hearing both sides, I am satisfied that there is a dispute between the neighbour and the petitioner in respect of drawing of pipe line and also in installing of motor pump. The motor is found missing in this context. 5. In the above circumstances, I do not find that it is a fit case tog rant anticipatory bail. Since the petitioner suspected of the offence, he will be required by the police for custodial interrogation. This petition is dismissed. K.HEMA, JUDGE vgs.