IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3651 OF 2009 Baskaran Kadrasan Sethuraman ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Milan Desai i/by Mr.Ganesh S. Chavan, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 4th Sept., 2009. PC: Heard. According to the prosecution the present applicant is the director of one M/s.G.T.K Constructions Pvt. Ltd. On a complaint lodged by the bank-respondent No.2 against the present applicant an offence came to be registered with Cuffe Parade police station against the present applicant and two others for the offences punishable under sections 406, 408, 420, 467, 468, 471 read with section 120B and 34 of IPC vide CR No.73/09. According to the prosecution the present applicant had conspired with Sanjay Mavadia and his father Ramesh Mavadia and thereby cheated the bank. An application was moved by Sanjay and Ramesh for housing loan for purchase of flat No.601 and with a view to secure the amount of loan the flat in question was mortgaged with the bank. An amount of Rs.12 lacs was granted by way of loan to Sanjay and Ramesh which appears to have been disbursed in favour of the company of the present applicant M/s.G.T.K Constructions Pvt. Ltd. Later on it was revealed by the bank that the present applicant had 1 already agreed to sale the said flat to one Smt. Rahmat Parkar and she was found to be in possession of the flat in question. Thus by adopting illegal means the bank was cheated to the tune of Rs.12 lacs. During the course of hearing of the present application concerned bank was directed to be impleded as party-respondent and after issuance of notice it had put in appearance. However counsel for the bank is absent. By an interim order dated 20.8.09 statement made by learned counsel for the applicant was recorded according to which the applicant had agreed to deposit a sum of Rs.12 lacs with respondent No.2-bank and the first instalment was to be deposited within a period of two weeks from the date of order i.e. 20.8.09. Today learned counsel for the applicant has placed on record a communication from the applicant addressed to the Manager of the bank dated 1.9.09 together with copy of pay order dated 20.8.09 and it is submitted that the amount of Rs.3 lacs has been deposited in the bank. Affidavit is also placed on record where in the present applicant undertakes to deposit balance sum of Rs.9 lacs with respondent No.2-bank within a period of 12 weeks from 20.8.09. The deposit of the amount by the applicant with the bank is without prejudice to his rights and contentions. Having regard to the totality of facts and circumstances I am of the clear view that the applicant is now entitled to be granted anticipatory bail. In the result I pass the following order: In the event of arrest of the applicant-Baskaran Kadrasan Sethuraman in CR No.73/09 for the offences punishable under sections 406, 408, 420, 467, 468, 471 read with section 120B and 34 of IPC registered with Cuffe Parade police station he shall be released on bail on executing personal bond in the sum of Rs.10,000/- with one or two solvent sureties in the like amount. The applicant shall attend the 2 Cuffe Parade police station once in a week on every Saturday for a period of four weeks. Applicant shall abide by the conditions stipulated in Section 438(2) of Criminal Procedure Code. Application stands disposed of. Communication dated 1.9.09 together with copy of pay order is taken on record and marked as `X’ for identification collectively. 04.09.2009. 3