AB 3394/2011 BEFORE THE HON’BLE MR. JUSTICE P K MUSAHARY Heard Mr. R.P.Sarmah, learned counsel for the accused petitioner and Mr. B.S.Sin ha, learned Addl. Public Prosecutor, Assam who has produced the relevant case diary today. The FIR has been lodged by as many as 39 investors who invested their money in t he company namely Barak Money Lottery Association. The said Association promised to pay double of the invested money within five months but it has failed to kee p its promise and thereby cheated the informants. The police registered the pres ent Lala Police Station Case No.189/2011 u/ss 420/406 IPC. Mr. R P Sarmah, learned counsel for the petitioner produced certificate of regis tration issued by the General Manager of RBI, Department of Non Banking Supervis ion, Hyderabad, Regional Office to show that the Forex Achievements has been aut horised to carry on the business of Non Banking Financial Institution subject to certain conditions mentioned in the Certificate of Registration and as such the said company is not running any unauthorised business.He also submits that the accused petitioner himself is also an investor and not the proprietor of the sai d company. Any action that may be taken by the police should be directed against the officials/ persons holding the charge of the company who are in the managem ent. He, therefore, submits that the accused petitioner being an investor only , is entitled to get privilege of pre-arrest bail. I have carefully gone through the case diary as produced today.The I O has recor ded statements of several witnesses and also seized some documents. The I O has also collected some materials from the website of forexachievement.com and came to know that the said company is a fraud one. The materials have been found t hat the accused petitioner and his associates collected money in the name of Fo rex Achievements, from 6.12.2010 to 24.12.2010 without any authority. The I O ha s also seized the web pages showing the said company as fraud one. I find that investigation is in full swing and co-operation of the accused petit ioner is necessary. I am not inclined to grant pre-arrest bail to the accused pe titioner at this stage and as such this bail petition stands rejected. However, accused petitioner is given liberty to surrender before the I.O.within a period of 20(twenty) days from today. During this period of 20 days, in the event of arrest of the petitioner, in conn ection with the aforesaid P.S.Case, he shall be released on bail on furnishing b ail bond of Rs.30,000/- with one local surety of the like amount to the satisfac tion of the arresting authority. AB stands disposed.