..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3872 OF 2008 Shri.Kishor Anandrao Thomake. ..Applicant. Versus State of Maharashtra. ..Respondent. .... Mr.P.D.Dalvi, Adv. for the applicant. Ms.A.A.Mane, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 26th November, 2008. DATED : 26th November, 2008. DATED : 26th November, 2008. P.C.: 1. Heard Mr.Dalvi the learned Counsel for the applicant and Mrs.Mane the learned APP for the State. 2. The applicant is seeking anticipatory bail in C.R.No.96 of 2008 of Jaysingpur police station, District : Kolhapur. The said crime has been registered against the applicant and 13 others for having allegedly committed an offence punishable under sections 406, 420, r/w. 34 of the IPC. The applicant is a Director of Trimurti Nagari Sahakari Pat Sanstha, Jaisingpur, District : Kolhapur. 3. The Auditor, Co-operative Department, Kolhapur has lodged an FIR on 25.9.2008 against all the accused persons, on the basis of the Auditor’s report dated 26.10.2007. It is alleged that during the period between 1.4.2005 and 31.3.2006 all the ..(2).. accused, who were members of the Board of Directors at the relevant time, committed several illegalities/irregularities in sanctioning the loans in favour of their relatives and friends, without following the due procedure and without verifying their repaying capacity and as a result of which the credit society could not recover the loans/interest from the borrowers. 4. No doubt the applicant was present in the meetings held by the Board of Directors, however, the learned APP was unable to point out any material that any loan has been sanctioned in favour of the relatives of the applicant or any friend of the applicant. The learned Advocate for the applicant has submitted that accused Chougonda Balgonda Patil who is an accused in C.R.No.97 of 2008 of the very same police station and whose case is similar to that of the present applicant has been granted anticipatory bail by this Court by order dated 20th November, 2008. It is seen that the case of the applicant is similar as that accused. 5. Moreover in cases like the one in hand, what is important is to see whether public money can be secured by imposing further conditions on the applicant. Counsel for the applicant has tendered ..(3).. his affidavit. This affidavit is taken on record and marked "X-1". In this affidavit, the applicant has given the particulars of the immovable properties owned by him and his wife and it is stated that he shall not dispose them of or create third party rights therein during pendency of these proceedings and the proceedings initiated under the provisions of the Maharashtra Co-operative Societies Act to fix the liability against the applicant. Statements made in affidavit and the undertaking given therein are accepted. Having considered the affidavit and overall facts and circumstances of the case, I am inclined to grant this application for anticipatory bail. Hence, the following order. . In the event of arrest, the applicant - Shri.Kishor Anandrao Thomake to be enlarged on bail in C.R. No.97 of 2008 of Jaysingpur police station, District : Kolhapur, in the sum of Rs.50,000/- with one or two sureties in the like amount, subject to condition that he shall report to the concerned police station everyday for 15 days from 1st December, 2008 and thereafter once in a month till disposal of trial. 6. Criminal Application is disposed of. ..(4).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)