( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4393 OF 2010 Shri Sandeep Suresh Kulkarni, R/o Plot No. 53, Suyog Nagar, Wadi Bhokar Road, Deopur, Dhule. APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. C.R. Deshpande, advocate for the applicant. Mr. N.H. Borade, APP for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 19th November, 2010] PER COURT : 1. This is an application for anticipatory bail. 2. The applicant is Secretary of a Cooperative Credit Society styled as "Bhagyesh Nagri Sahakari Patsanstha Limited, Dhule". A complaint application was submitted to the Deputy Registrar of Cooperative Societies, Dhule, by some of the depositors of the Credit Society, alleging that the functioning of the Credit Society was stopped and the depositors were not being refunded the amounts deposited by them. The Assistant Officer and incharge Deputy Registrar of ( 2 ) the Cooperative Societies lodged FIR alleging that the Chairman and other Directors have misappropriated the deposits made by the depositors of the Credit Society. The applicant is said to be an abettor to the crime. 3. Having heard learned advocate for the applicant and learned A.P.P. and on perusal of the investigation papers, it prima facie appears that during visit of the concerned officer of the Cooperative Societies, the premises of the Credit Society were found locked. It also appears, however, that the statements of the depositors named in the complaint application were not recorded. It is, therefore, not clear as to who had made complaint about denial to refund the amounts. The applicant alleges that several amounts have been refunded to the depositors. The applicant personally is not shown to be the beneficiary of such deposits. He is only the Secretary of the Credit Society. 4. Considering the nature of accusation and alleged criminal liability, which can be attributed to the applicant, I find that his arrest is not necessary for the purpose of effective investigation and particularly, when the statements of depositors have not been recorded and when the applicant ( 3 ) himself is not shown to be beneficiary of the so called misappropriation. In this view of the matter, the application is allowed. The applicant is directed to be released on bail, in the event of his arrest, on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand), before the Arresting Officer and on condition that he shall attend the concerned Police Station on each Sunday between 10 a.m. and 2 p.m., for four (4) consecutive Sundays. He shall actively participate in the course of investigation. He shall produce all the documents which may be required by the Investigating Officer and that he shall submit entire account regarding the deposits and payments so far made. The Investigating Officer is at liberty to apply for cancellation of anticipatory bail, if any tangible material is found against the applicant during the investigation. [V.R. KINGAONKAR] JUDGE NPJ/criapln4393-10 ( 4 )