IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3874 OF 2009 Robert Gregori D’Souza ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.A.P.Mundargi, Sr. Adv. With Mr.Prashant Bodole i/by ARM Legal, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 4th Sept., 2009. PC: The present applicant was working as assistant post master in MIS department of Malad (E) post office. While working in the said post office as assistant post master the applicant has allegedly tampered with the records and vouchers by using the names of account holders and thereby withdrawn various amounts from various accounts on different dates. When the higher authorities noticed the illegalities committed by the present applicant FIR came to be lodged and thereupon offence punishable under sections 408, 409, 465, 467, 468, 471 of IPC came to be registered with Dindoshi police station. Apprehending arrest in the said offence the present application has been filed for grant of pre-arrest bail. Perusal of the FIR itself reveals that the applicant has tampered with more than 40 accounts and thereby amounts are illegally withdrawn. Learned APP on instructions from IO submits that the investigation is still in progress and various other persons have also lodged complaints who are shown to have been paid amounts on maturity. In short, the submission is that still 1 complaints are being received from other account holders of the said post office. Having regard to the totality of facts and circumstances and as the offense pertains to public funds managed by the postal department I am not inclined to grant anticipatory bail. It has also come on record that the applicant has deposited/repaid sum of Rs. 2,50,000/-. However that re-deposit or repayment cannot absolve the applicant of the criminal liability. Be that as it may, as the investigation is yet not over and as prima facie the applicant seems to be connected with the crime his application for anticipatory bail stands rejected. 04.09.2009. 2