1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.691 OF 2011 Abdul Hamid Sunsera and others Applicants versus State of Maharashtra Respondent Mr.S.V.Marwadi i/by Ms.Sunita Sharma Tiwari for applicant. Mr.K.V.Saste, APP for the State. CORAM : J.H.BHATIA, J. DATE : 16th August 2011 PC : 1. Heard learned counsel for the applicants and learned APP for the State. 2. The applicants are accused nos.2 to 7 in MECR No.2 of 2011 registered at Goregaon (W) Police Station, Mumbai under sections 403, 406, 408, 420 r/w 34 of Indian Penal Code. The offence was registered on the basis of direction given by the Magistrate under section 156(3) of the Cr.P.C. on a complaint lodged by one Abu Bakar Abdul Shakun Lakdawalla. 3. The prosecution case, in brief, is that the present applicants are the Chairman, Secretary and former Secretary, Promoter, Treasurer etc. of Aman Co-operative Housing Society Limited. According to the complainant, he held two flats in the said building; one is in his own name and another in his wife's name. He contended that the office bearers of the society had not remitted the amounts of maintenance 2 of the building and other charges and had caused loss to the tune of Rs.4,76,593/- to the society. It appears that the said complainant himself had not made the payments of maintenance charges since 1996 and the managing committee had taken steps for recovery of the same. Recovery Certificates under section 101 of the Maharashtra Co-operative Societies Act, 1956 were also issued and the outstanding amounts have been recovered from him. The only allegation against the present applicants is about the mis- management of the society and its funds. If there is such grievance, the complainant should approach the authorities under the Maharashtra Co-operative Societies Act and if any substance could be found, the society could be superseded and action could be taken against the members of the managing committee. Taking into consideration this background, I do not find any material on the basis of which custodial interrogation of the applicants is required. At best, the accounts of the society will have to be scrutinized for which the applicants may be interrogated even if they are on bail. 4. Therefore, in the event of arrest of the applicants herein in MECR No.2 of 2011 registered at Goregaon (W) Police Station, Mumbai, the applicants shall be released on their executing P.R. Bond of Rs.15,000/- each with one or two sureties in the like sum, with a condition that as and when they are called by the Police, they shall appear before the Police for the purposes of interrogation and investigation. They shall also co-operate the investigating officer and shall not tamper with the evidence in any manner. (J.H.BHATIA, J.)