IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4913 of 2008(N) ------------------------------ CMP.1339/2008 of DISTRICT COURT, KALPETTA .................... (CRIME NO.169/08 OF THE AMBALAVAYAL POLICE STATION) PETITIONER: --------------------- P.K.VELAYUDHAN, S/O.KUNJIRAMAM CHETTY, AGED 47 YEARS, PATTIYAMBAM, THOVARIMALA.P.O, AMBUKUTHI, NENMENI VILLAGE, BATHERY. BY ADV. SRI.ASOK M.CHERIAN SRI.T.R.RENJITH RESPONDENT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------------------------------------------- Bail Application No.4913 of 2008 ------------------------------------------------------- Dated this the 6th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 379 IPC. According to the prosecution, petitioner committed theft of a Teak tree worth Rs.22,000/-, numbered as 347 owned by the Government, which stood in the property of the petitioner. 3. Learned counsel for petitioner submitted that the tree was standing in his own property in a dangerous position and hence, the tree was cut and removed. He has not committed any offence. 4. This petition is opposed. Learned public prosecutor submitted that the tree belongs to the Revenue Department and it was numbered also. Therefore, the offence is clearly made out. 5. On hearing both sides, I find that in an offence of this nature, it is not proper to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl