AB 375/2010 BEFORE HON’BLE MR. JUSTICE H. BARUAH. Heard Mr. A. Ganguly, learned counsel for the petitioner and Mr. K. Munir, learn ed Addl. P.P for the State of Assam. The petitioner, Sri Raju Saha apprehending his arrest in connection with Tezpur P.S Case No. 1015 of 2010 corresponding to G. R. Case No. 2151 of 2010 registere d under Section 302/34 IPC has approached this court by filing this application under Section 438 Cr. P.C seeking privilege of pre-arrest bail in view of the gr ounds contended in the petition. It is submitted by Mr. Ganguly, learned counsel for the petitioner in support of the application that two of the accused persons whose names appear in the First Information Report though arrested by police are enlarged on bail vide order da ted 10-01-2011 passed in Bail Appln. No. 5639 of 2010. The sole ground for enlar gement of both the petitioners in that case is that they are arrested by the Inv estigating Agency on suspicion. It is submitted by Mr. Ganguly, learned counsel for the petitioner that the present petitioner also stands in the same footing a nd the same benefit may also be provided to him. In view of the above submissions advanced by Mr. Ganguly, learned counsel for th e petitioner, Mr. K. Munir, learned Addl. P.Pl is also heard. Mr. Munir in his usual fairness after going through the materials available in t he case diary, more particularly, the statement of the informant recorded under Section 161 Cr. P.C speaks that the first informant, on suspicion, filed the Fir st Information Report against the petitioner and three others. In view of the materials available in the case diary, more particularly the stat ement of the first informant and also in view of the enlargement of two other ac cused persons, this court also finds no impediment to provide anticipatory bail to this petitioner. The petition is accordingly allowed with a direction that in the event of arrest of the petitioner abovenamed in connection with aforesaid case, he shall be rel eased on bail for Rs. 15,000/- with two sureties of the like amount, subject to the satisfaction of the arresting authority with the following conditions: 1. that he will make himself available for interrogation by the investigati ng agency as and when required; 2. that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade hi m from disclosing such facts to the court or to any police officers; and 3. that he shall not leave the jurisdiction of the Chief Judicial Magistrat e, Tezpur without written permission of the learned CJM, Tezpur, Assam. Violation of any of the aforesaid conditions shall entail cancellation of the pr e arrest bail without notice. With the aforesaid directions the bail application stands disposed of.