AB 2965/2011 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr. A M Bora, learned counsel for the petitioner. Also heard Mr. K Munir, learned Addl. PP for the State respondents who accepts notice on it behalf. Pursuant to the filing of charge sheet No. 412 of 2008 dated 28.05.2008, showing the petitioner as absconder and in view of issuance of Non-bailable Warrant of Arrest by the committal court/trial court, the petitioner filed the Criminal Pet ition No. 275 of 2011 to set aside the order passed by the committal court dated 9.06.2010 and this court while dealing with the aforesaid petition, by an order dated 17.06.2011 disposed of the same with a direction to the petitioner to sur render and file appropriate application before the committal court within a peri od of 7 (seven) days with further direction that on surrender, the court shall p ass appropriate order/orders. It is submitted by Mr. A M Bora, the learned counsel for the petitioner that pur suant to the order passed by this court on 17.06.2011, the petitioner surrendere d before the court of Judicial Magistrate 1st Class, Cachar, Silchar within the period limited in the order but the learned Judicial Magistrate 1st Class, Cacha r, Silchar refused to accept the surrender of the petitioner verbally. According ly, the petitioner, having no alternative, had to withdraw the writ petition. Th e petitioner, thus, has again approached this court by filing this writ petition under section 438 Cr.P.C. to provide him privilege of his pre arrest bail. When the accused per direction of the High Court surrendered before the committa l court/trial court, it is incumbent on the part of the court to accept his surr ender and to pass appropriate order. It would appear to this court vide order da ted 17.06.2011 that the petitioner was directed to surrender before the Trial Co urt within a period of 7 (seven) days. In conformity with the order, he surrende red. There is nothing on record to show that the learned Magistrate has refused the surrender in writing. In the circumstances, the petitioner is again directed to surrender before the court concerned within a period of 15 (fifteen) days fr om today and may apply for bail accordingly which if filed shall be disposed for in accordance with law. It is provided, in the event of arrest of the petitioners, namely, Sri Jeet Saha @ Mantai Saha and Sri Bappi Saha, in connection with aforesaid case, they shall be released on bail for Rs. 10,000/- with one surety of the like amount, subjec t to the satisfaction of the arresting authority. This order shall remain in ope ration until expiry of 15 days from today. This bail application stands disposed of.