AB 2791/2011 BEFORE HON’BLE MR.JUSTICE P.K.MUSAHARY Heard Mr. Bora, learned counsel for the accused/ petitioner. Also heard Mr. K.M unir, learned Addl.P.P,Assam. The petitioner is apprehending arrest in connection with BIEO P.S. Case No. 07/2 011 registered U/S 120 (B)/406/420 IPC. The accused/ petitioner Shri Kuladhar Deka, is presently holding the post of S enior Executive Officer in the Union Co-operative Bank Ltd, erstwhile ASCARD Ban k Ltd. In the FIR dated 4.1.11, it has been alleged that the Executive Committee of the said Bank by using pressure to its Branch collected money from the publi c as share/fixed deposit etc. through the branches to head office but they had s hown the amount less in the accounts which is less than the provisional certif icate issued to the customers and in such way they have misappropriated crores of rupees of public money. Mr. Bora learned counsel producing a copy of the order dated 22.9.11 pas sed in B.A. No. 1707 of 2011 submits that Shri Moni Gogoi, an Executive Offic er of the said Committee, who has been implicated in the said case, has been en larged on bail. He, therefore, submits that the present accused/petitioner may a lso be enlarged on bail. I have perused the connected Case diary as produced by the learned Addl. P.P,Assam. The aforesaid accused/petitioner Shri Moni Gogoi was arrested in conn ection with the said BIEO Case and on perusal of the case diary, this court obse rved that his further custodial interrogation is not required. The Case Diary r eveals sufficient materials against the present accused/petitioner and unless he is taken into custody for interrogation, the investigation would not be effecti ve and complete. The custodial interrogation in respect of the present accused/ petitioner is required and it would go against the interest of investigation , i f he is enlarged on pre-arrest bail at this stage. It has been persuaded by Mr. Bora, learned counsel that the accused/peti tioner Shri Kuladhar Deka underwent bye-pass surgery in 2003 and kidney transpla ntation in 2005 and, if he is arrested it will detoriate his health. It is for t he arresting authority concerned to take care of required medical help and assi stance, if the accused/ petitioner is taken into custody. This petition stands rejected,.