AB 3392/2011 BEFORE THE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. U.K. Barman, le arned Counsel appearing for the petitioner. Also heard Mr. B.S. Sinha, learned A ddl. P.P. Assam, appearing on behalf of the State respondent. Perused the C.D. By this application filed u/s. 438 Cr.P.C. the petitioner namely Sri Kampan Bura gohain @ Bhaikon Buragohain has prayed for pre-arrest bail in connection with Ha tigaon P.S. Case No. 191/2011 u/s. 365.34 IPC. The learned Sr. Counsel appearing for the petitione, has submitted that the peti tioner is a proprietor of M/s. Java Internet Services Pvt. Ltd. In the FIR it ha s been stated that the petitioner i.e. the owner of M/s. Java Internet Services Pvt. Ltd., took an amount of Rs. 90,000/- from the deceased Ratan Dutta with the assurance that the internet tower would be installed in his premises but the pe titioner neither installed the tower nor returned the money. According to the petitioner, on 20.9.11, the elder bother (i.e. the deceased) of informant came to Guwahati and purchased railway ticket for his return to his residence. The case diary reveals that the said deceased was found in unconsciou s condition on the road at Guwahati and he was shifted by some persons to the Ga uhati Medical College Hospital, wherein he was declared dead. Considering the entire aspect of the matter I find no sufficient reason requirin g custodial interrogation of the petitioner aforesaid. Further the case diary re veals that the investigation has not progressed to unearth the cause of death o f the deceased. Therefore, I am of the opinion that the release of the petitione r on pre-arrest bail, at this stage, will not adversely affect the investigation . In view of the above, it is directed that in the event of arrest of the petition er named above, in connection with the above mentioned P.S. Case, he shall be re leased on bail of Rs. 25,000/- with one local surety of the like amount to the s atisfaction of the arresting authority subject to condition that the petitioner shall appear before the I.O. within 7 days from this date and he shall not inter fere with the case in any manner. With the above direction and observation this bail application is disposed of. Return the C.D.