..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4504 OF 2008 CRIMINAL APPLICATION NO.4504 OF 2008 CRIMINAL APPLICATION NO.4504 OF 2008 Shri Balasaheb Dattatraya Shinde ..Applicant. Versus State of Maharashtra. ..Respondent. Mr.P.D.Dalvi, Adv. for the applicant. Mr.K.V.Saste, APP, for the State. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATED : 16.12.2008. DATED : 16.12.2008. DATED : 16.12.2008. P.C.: 1. Heard Mr.Dalvi, learned Counsel for the applicant and Mr.Saste, 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 was a Manager of Trimurti Nagari Sahakari Pat Sanstha, Jaisingpur, District-Kolhapur, (for short "the said Patsanstha"). 3. The Auditor, Co-operative Department, Kolhapur has lodged an FIR on 25.9.2008 against all the ..(2).. 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 accused, who were members of the Board of Directors or the staff of the said Patsanstha 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. The applicant himself has not taken any loan. 4. The learned Advocate for the applicant, at the outset, submitted that one Kishor A. Thomake, who is an accused in the instant C.R.No.97 of 2008, has already been granted anticipatory bail by this Court vide order dated 26th November, 2008 in Criminal Application No.3872 of 2008. He submitted that there is no difference between the case against the applicant and the case against Kishor Thomake. There is no dispute that the case of the applicant is similar to Kishor Thomake. Counsel for the applicant has tendered an affidavit of the applicant. The affidavit is taken on record and marked "X" for identification. In this affidavit, the applicant has ..(3).. given the particulars of immovable properties owned by him and his wife and it is stated that he shall not dispose them off 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 accused. The statements made on affidavit and the undertaking given therein are accepted. 5. The evidence consists mostly of documents, which are already in possession of the investigating agency. I am satisfied that there is no likelihood of the accused absconding or misusing liberty. It is well settled that an order of anticipatory bail, as observed in Gurubaksha Singh Vs. State of Punjab -AIR 1980 SC 1632, does not in any way directly or indirectly take away from police their right to investigate into charges made or to be made against the person released on bail. The usual conditions imposed while releasing the accused on anticipatory bail, like cooperating the police in investigation and not to tamper the witnesses, sufficiently take care, coupled with the fact that if the police require the custody at any stage, they can apply to the court for that purpose. Merely because prima ..(4).. facie case is made out against the applicant, that itself cannot be a ground for rejecting the application for anticipatory bail. 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. 6. 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 Balasaheb Dattatray Shinde be enlarged on bail in C.R. No.96 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 between 00.09 am and 11.00 am for 15 days from today and thereafter once in a month till conclusion of the trial. . The application is disposed of. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)