..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3716 OF 2008 CRIMINAL APPLICATION NO.3716 OF 2008 CRIMINAL APPLICATION NO.3716 OF 2008 Smt.Suchladevi Nandkumar Deshpande ..Applicant. Versus State of Maharashtra. ..Respondent. Mr.Uday P Warunjikar, Adv. for the applicant. Mr.J.P.Yagnik, 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.Warunjikar, learned Counsel for the applicant and Mr.Yagnik, 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 Director of Trimurti Nagari Sahakari Pat Sanstha, Jaisingpur, District-Kolhapur, (for short, "the credit society"). 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 at the relevant time, committed several illegalities/irregularities in obtaining and sanctioning the loans in their favour and 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. The applicant had taken loan of Rs.62,00000/- from the said credit society, out of which she has already deposited Rs.23,44,562/- during last two months. So far as the balance amount is concerned, Mr Warunjikar has placed on record an affidavit of the applicant stating that she has already found out a buyer for her land bearing survey no.66/1/1 at Sangamwadi, Pune, who is willing to purchase the said property at Pune for an amount of Rs.fifty-two lacs. The prospective buyer has already paid Rs. two lacs as an earnest amount to the applicant. Mr Warunjikar submits that the applicant shall deposit the said amount of Rs.two lacs with the credit society within ..(3).. a period of one week from today. His statement is accepted. He further submits that on completion of the transaction the applicant shall take an independent DD/cheque of Rs.38,55,436/-, which, according to him, is the only outstanding amount, in favour of the credit society and deposit the same with them within two weeks from the date of the execution of the conveyance. The applicant also undertakes that she shall deposit the balance amount of Rs.38,55,436/- with the said credit society on completion of the transaction with the prospective buyer or with any other buyers within two weeks from the date of completion of the transaction. Her statements and undertaking are accepted. Counsel for the applicant has tendered her affidavit. The affidavit is taken on record and marked "X" for identification. 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 ..(4).. 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 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 - Smt.Suchladevi Nandkumar Deshpande 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 ..(5).. to condition that she 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. . Subject to the aforesaid conditions, it is open to the applicant to enter into the conveyance in respect of the land mentioned above. . The application is disposed of. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)