Anticipatory bail refused in alleged embezzlement case where custodial interrogation was needed to recover money and incriminating records.

Anticipatory bail was refused where allegations showed that a person entrusted with cooperative society funds allegedly failed to deposit the complainant's money, retained the amounts, issued false passbooks and concealed records. The Court treated the material collected in investigation as indicating embezzlement of deposited money and noted that the petitioner's signatures appeared on the passbooks. Because recovery of the amount and related incriminating material required custodial interrogation, the petition for anticipatory bail was dismissed.

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Issues: Whether anticipatory bail should be granted in a case involving allegations of cheating, criminal breach of trust, embezzlement of deposited , and issuance of false passbooks.

Analysis: The allegations disclosed that the petitioner, while acting in a position of trust in the cooperative society, had not deposited the complainant's money in the society account and had instead retained the amounts, issued passbooks, and kept them clandestinely. The record collected during investigation indicated that a substantial amount had been embezzled and that the signatures of the petitioner appeared on the passbooks at various places. The Court also found that the petitioner was attempting to mix unrelated personal transactions with the present complaint. In these circumstances, custodial interrogation was considered necessary for recovery of the amount and other incriminating material.

Conclusion: Anticipatory bail was declined and the petition was dismissed.

Ratio Decidendi: Where the allegations disclose embezzlement of deposited public money and recovery of the amount and related record requires custodial interrogation, anticipatory bail may be refused.

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