AB 287/2010 BEFORE HON’BLE JUSTICE MR HN SARMA Being apprehensive of arrest in connection with Gelakey P.S. Case No. 53 /2010 under Sections 408/34 of the IPC, the petitioners have approached this Cou rt by filing this application under Section 438 Cr.P.C, for releasing them on pr e-arrest bail. The learned Public Prosecutor has pointed out before me the materials c ollected by the I/O during the course of investigation. The FIR against the petitioners was lodged on the basis of a report subm itted by the Sub-Divisional Officer(Civil), Nazira relating to misappropriation of Govt. money by M/s Athkhel GPSS Ltd. disclosing violation of the Public Distr ibution Act including non entry of items in the register of the GPSS. In that view of the matter, I do not consider it to be a fit case to rel ease the petitioner on pre-arrest bail, inasmuch as, there might be necessity of custodial interrogation of the petitioner in connection with the aforesaid case . Hence, the prayer for pre-arrest bail stands rejected. However, it would be open for the petitioner to surrender before the lea rned CJM, Sivsagar, and apply for regular bail. In the event of filing such an a pplication,the learned CJM shall pass appropriate order thereon that might be ju stified under the law and facts.