AB 3213/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. P.K.R. Choudhury, learned counsel for the petitioner as well a s Mr. B.S. Sinha, learned Public Prosecutor, Assam. The petitioner by the present application is seeking the privilege of pr e-arrest bail under Section 438 Cr.P.C. apprehending arrest in connection with S amaguri P.S. Case No.288/2011 registered under Section 498(A)/406/ 494/323/342/3 4 IPC. I have perused the case diary produced by the learned Public Prosecutor, Assam. Having perused the same and upon consideration of the allegation made an d the materials available in the case diary, I am of the view that it is not a f it case where the privilege of pre-arrest bail is to be granted to the petitione r, as it will hamper the investigation. That being the position, the prayer for pre-arrest bail stands rejected. However, the petitioner may surrender before the appropriate Court and s eek regular bail. In the event of filing such application, the same shall defini tely be considered by the learned Magistrate in accordance with law and keeping in view the materials available on record without of course being influenced by this order rejecting the prayer for anticipatory bail. The petitioner is granted 7(seven) days time to surrender before the lea rned Magistrate i.e. up to 09.11.2011 and till such time the interim order passe d earlier shall continue. The bail application is accordingly disposed of.