ABA-545-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.545 OF 2011 Suhas Vitthal Kunden ... Applicant V/s. The State of Maharashtra, Thru' Swargate Police Station, Pune ... Respondent Mr. Rahul S. Kate for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 30 TH JUNE, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. A plain reading of the F.I.R. itself shows that the object behind the trespass was to take possession of the flat in question. Taking possession of immovable property, even unlawfully, does not by itself amount to any offence. There is no allegation of theft. Whether any offence is disclosed from the averments made in the F.I.R., is doubtful. The dispute appears to be primarily civil and it could very well be a case of civil trespass. 3. In any case, it would be proper to grant anticipatory bail to the Applicant. ABA-545-11.sxw 2 Dixit 4. In the event of his arrest in C.R. No.214 of 2011 of Swargate Police Station, Dist. Pune, the Applicant be released on bail in the sum of Rs.25,000/-, with one surety in like amount, on the condition to attend the Police Station everyday, between 11:00 a.m. to 2:00 p.m., for a period of four days, and make himself available for investigation/interrogation and, thereafter, as and when required by the Investigating Officer. [A.M. THIPSAY, J.]